SRS CC account written off and in lawyer hands

Discussion in 'On Topic' started by Rynxprs, Nov 18, 2005.

  1. Rynxprs

    Rynxprs New Member

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    I have a Chase CC that I got out of control with in College and then was irresponsible and didnt' pay the bills.

    Well it's a few years later now and I've been paying $65/month on it via automatic payments.

    Time came to renew the agreement because they only do a few months at a time and I forgot about it, lost the message I wrote down to call, so on and so on.

    Well I just found out today that they wrote it off and sold it to Stanley, Weinberg, & Assoc.
    I got a call today from a very unfriendly guy who wouldnt' take my word that I didn't know it had been sent to them.
    Asked him to send me a letter for proof, he said they did on the 11th. I told him I hadn't recieved it and he didn't believe me. I haven't recieved it.

    Anyway he asked if I had the $3000 and I told him know. We went through the whole when could I have it, I told him I wasn't sure (I live paycheck to paycheck). He asked me how much I could pay today, and I told him $50 (i get paid next Friday, so I really don't have more then that to spare). He wouldn't take it.

    I told him that I wasn't going to give any more info over the phone till I get a letter.

    Anyway he was threatening prosecuting and all that.

    Now...let me first say that I know I am in the wrong for the CC debt and that I was irresponsible.

    I want to fix this...but like I said I live paycheck to paycheck so I dont have what he demands.

    What can he LEGALLY do. What are my options? Full Payment or Court?
     
  2. Peyomp

    Peyomp New Member

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    Charges are bullshit. I wouldn't speak to someone that spoke to me that way. Don't deal with that guy anymore. Say that he misrepresented the law, which is illegal. They can sue you for it, basically. You should tell him that you refuse to deal with him if he is going to threaten you. Ask to deal with someone else. If you can't afford to pay it, then you can't afford to pay it. Arrange a payment schedule.

    You need a credit counselor or something.
     
  3. GlassUser

    GlassUser send an email not a pm OT Supporter

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    Pretty much. Just watch out for these big counseling services like CCCS. They take your first couple of payments for themselves.
     
  4. CastorTroy

    CastorTroy New Member

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    First, start off by reading the Fair Debt Collection Practices Act (FDCPA). Second find all your bills, statements, voided checks, etc. that you have from paying the previous agreement and make sure they're not requesting MORE than you actually owed, as they cannot by law addon any fees to the original debt amount. Third, don't talk to that guy on the phone anymore, mention that you are famaliar with the FDCPA and are aware of your rights and he is to only contact you through the mail from now on, and if he calls back, just hang up on him. If it continues call the FTC and file a complaint about them, if you can back it up with phone recordings, phone records, etc. that would help your case a lot.

    For $3,000 they might sue, but I've actually never seen one of those suits materialize. I've been threatened with them, and know others, but they never followed through.

    My girlfriend recently got a collection agency after her, for a $1000 credit card she ran up and was unable to pay. The collection agency kept hounding her at work and home, even after she told them not too. I told her to tell them that they had been repeately told not to call her at work, even her boss told them that, and that all calls were recorded and she had read the FDCPA and knows they cannot do that, and that her attorney would be in touch. They hung up on her, and has never heard from them again, and it's been months. They KNEW they were in the wrong, and that by telling them all calls were recorded they thought she had evidence of their abusive tactics, and fled. :)

    I hate collection agencies, they're worse theifs and criminals than the people they go after.

    EDIT:

    FDCPA
    Also google around about collection agency rights and practices, you'll find a wealth of info on dealing with them.
     
    Last edited: Nov 18, 2005
  5. Peyomp

    Peyomp New Member

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    Killer post, man. Kiiiller.
     
  6. GlassUser

    GlassUser send an email not a pm OT Supporter

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    Werd.
     
  7. civicmon

    civicmon got all my game from the streets of california.

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    they can't press charges dude, he was lying to you. Non-paying debt is -technically- a crime but seriously, no one gets charged for overdoing a CC.

    what they can do is sue you, but like the previous poster said, it's hit or miss.
     
  8. pashy

    pashy New Member

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    even if they do sue for that amount, courts will normally accept payment plans anyways. so in reality, the company could end up getting much less than you are offering to pay per pay cheque anyways.

    i suggest writing your offer down and send to them. detail your expenses and show them how much you have spare to pay and guarantee the amount.

    leave all contact by phone to the wayside. debt collecting companies are brutal over the phone, dealing with them in writing is very reasonable and it's showing your effort to reconcile the issue.
     
  9. HeatherinWC

    HeatherinWC New Member

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    Go to http://www.creditboards.com

    There are some great articles, and the forum has a ton on information on how to fight back against the collections agencies, and what they are and are not allowed to do, and links to even more information.

    It might help you out alot. Good luck.
     
  10. Guz200sx

    Guz200sx The man who does more than he is paid for will soo

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    I'm almost in the same case as the thread starter but my amount is MUCH bigger...add another zero and you'll have mine.

    I have about $12k on one CC and one of the clerks told me that they can take me to court and when teh Judge finds me guilty they can repossess personal property (I have none) and/or they can take it out of my paycheck. He said it could be up to 80% that they could take out of my paycheck...I nearly shit a brick when he said that....

    So is anything what he said true????
     
  11. Peyomp

    Peyomp New Member

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    No judge would take 80% of your paycheck. You would starve.
     
  12. Guz200sx

    Guz200sx The man who does more than he is paid for will soo

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    :dunno: but This is what he said and I know someone at work that gets a partial amount taken out for something
     
  13. HeatherinWC

    HeatherinWC New Member

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    I *think* the most they can take from you is 25%....that may vary depending on the state you live in, Im not sure. There is no way they would take 80%, or even 50%
     
  14. Guz200sx

    Guz200sx The man who does more than he is paid for will soo

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    That would still suck cause they would come to your workplace and talk to your boss and you and that type of thing would be really embarrassing:o
     
  15. Peyomp

    Peyomp New Member

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    Yup. Much better to pay the fucking debt yourself. Work out a plan with them.
     

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