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dream | Capital one taking legal action? |
I owe capital one 3000 and somehow now its 4000
a bill collector called me and said that i need to pay that amount or their going to sew me. I told him I cant pay all that amount but that Im willing to make payments he said no to put it on another credit card and pay if off. Please tell me what are my rights? What is allowed and what can I do? Im willing to pay for it but I cant afford to pay it all. And also they called me at work can they do that?I just need some advice, what can happen if they do sew me?
Additional Details
I live in California.
What are the laws here? |
 |
 
OC1999
|
The first thing to do is NEVER talk to them on the phone. Since this is a Collection Agency you have protections and rights under the Fair Debt Collection Practices Act(FDCPA). The link below goes into more detail on your rights. But in answer to a few of your questions.
They can call you at work, unless you tell them they can not. To do this send them a certified letter stating that they are to no longer contact you by phone, and all further communications must be through the mail.
When you are ready to pay them send them a letter stating the amount you are willing to pay, the amount of each payment and the date(s) of the payments. Also include that you will pay by Money Order(as you never want to give them access to your bank accounts). Only when you have an agreement from them in writing do you send them any money. |
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rivasj27
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The amount is not high enough for them to sue you. They can legally just keep bugging you anyways. Just keep sending in payments. They can not refuse payment for a money owed. And if they do show how find a way to sue you, you can show proof that you have been sending the money.
It would cost more for them to sue you than what the debt is worth. |
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ma b
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First of all dont worry. Tell them them you talk to your atty that he advice you, that they had to stop calling you at work if you told them to also send them a let to that affect[ASAP}Get the person name you talk to always ask for the supervisor of the dept. the collector that called you likes to buff. If they do sue you make sure you show up, if you dont make much money take your ck stup to prove what you make to the judge ask the judge for pmts what you can affort make dure you are ready to explain why you can only afford to pay 25.00 a mo , like you have rent, car pmts,ect.ect.ect.make sur you can prove it.
If the judge lets you make pmts make sure you do make them on time or they can put a lien on your wages 25%of your wages and even then you can file another form stating that it would be a hardship for them to levy on your wages due to all your bills you have to pay.So companies really dont like to take people to crt cause its not as easy as it sounds to get to the money .Now
these LAWS WERE IN CALIFORNIA what state are you in???????? some state carry the same laws. You still have your right no matter what state you are in. GOOD LUCK
anymore questions email me
ma.bear155@yahoo.com |
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Kiki
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He is trying to scare you. (do these guys get a commission?) Here is a link which states your rights according to the Better Business Bureau. It specifically says "indicate that actions such as a lawsuit will be taken against you, which legally may not be taken, or which they do not intend to take; "
http://upstateny.bbb.org/WWWRoot/storage/75/documents/debtcollection.html
Here is also a link to the fair trade act from the Federal Trade Commission
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.pdf |
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oracleofohio
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Do NOT put it on another credit card....how ridiculous. Set up a payment plan, be firm with them and then stick to the plan. They can call you at work if you gave them a number. Stick to the plan and the calls might stop. |
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treat
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I live in tennesee and the same thing is happening to me.
however, my bill was $100, my credit limit with them was $300. i received a summons to appear in court saying that i owed $1400 plus legal fees and court costs. so, yes, they CAN and WILL sue even if it's not a lot of money. i never though they would take it to court over such a small amount of money and i honestly don't see how it can go from $100 to $1400 without some end being put on the fees and interest.
it's just not fair at all what they are able to do. i am a firm believer that if you have debt, you have an obligation to honor it...but let's be reasonable. $1400 on a $100 bill....come on! |
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bryce k
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get a tape recorder and have it nearby. Ask if they are recording the conversation. If they are this automatically give you permission to tape you call. Then when he again threatens to sue you if you do not pay you debt, tell him that he is in violation of the FDCPA and you have taped him threating a law suit with you. Then if you wish you can sue him for 1000 per violation. He is severly breaking the law by threating to sue you.
http://creditcardwarehouseonline.com
http://creditcardwarehouse.ecreditdirectory.com/ |
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Bill S
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naww they are just trying to scare you like most of the greedy debt collectors like to do read this article http://www.adviceontime.com/Credit/Credit.htm |
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philslittlemama
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I agree with the third guy... but I wanted to add my two cents. Credit/debt collectors are in it for one thing, to get your money. They will use whatever means they think are necessary to get your money, including illegal action such as threatening to sue you or threatening to take money out of your paycheck. They are the scum of the earth and are only there to bully you.
Don't put it on another credit card, and do what that other guy said about sending them a certified letter telling them they can't call you at work anymore.
Don't let them boss you around... this is your money and you need to take care of your necessities first.
If it comes to it, you can also use the pro rata. Just google it to get the forms.
Good luck and be strong! |
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Mary M
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The him to go get bent! I have people chasing me down for debts that are going on 4 years now. They send the letters, make the threats and you know what happens? Not a thing! I have been sued. The judgement goes in the pile with all the other bills. Sure, my credit is ruined but it was already bad. |
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