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Sherri F | I just got a call from a collection agency about chase card I have that i have? |
not been able to ay since I lost my job, he said if i dont ay by the 27th they are taking me to court. What does that involve, he was very abusive to me and called me names and said i was not an adult and i had no business going back to school etc. I have n ever been talked to like that... |
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OC1999
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Creditors are not allowed to be abusive in talking to you. That would be a violation of the FDCPA(Fair Debt Collections Practices Act). You should send them a letter that states they are only to contact you by mail. Send it by Certified mail with return receipt. Once they get it and they call you again they are in violation. This does not make the debt go away, it just says they can't call you. If you can make arrangements for payment send them a letter with your offer, but don't send any money until they agree. Ideally you should have them delete the collection account if you pay off the account. If you fail to pay they could eventually take you to court for the amount, interest, and court costs. Depending on your state they can also Garnish your wages or attach your bank accounts to pay off the debt.
DO NOT do as other people have said and just send them 5 dollars, or send them a check that says "paid in full"(this would never hold up in court). DO NOT send any money to them before you have a written agrement from them that says they will accept the terms. If you send money without an agrement, it might not even cover the interest charges, and it keeps the Statute of Limitations going.
The link below gives you your rights under the FDCPA. It explains what and what they can not do in attempting to collect the debt. |
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djxerious
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they can take you to court (place a judgement on you) if they want to or feel that your debt is worth going after (mind you, they bought it off your credit card company for cheapo and are trying to get the full amount). if they do take you to court you do have the right to plead finanical hardship which (losing your job-not getting fired that is, divorce, etc.). the judge can go in your favor. otherwise, you can attempt to work out a payment plan. the dude has nothing to lose and everything to gain (most of them work off commission). you can go ahead and be abusive back. you don't have to take that **** from some punk ***. no one has the right to treat another human less than themselves. |
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Studly
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As usual, OC jumps in and answers before I can. He is totally correct.
Normally I would have skipped answering this but there are some answers here that need to be addressed.
Mary, I've seen you answer this same way many times, about just paying $5 a month. TOTALLY bad answer, as OC states. Not only do you restart the SOL, but you NEVER EVER pay back a debt without first getting a payback agreement in advance. And the idea of paying $5 is never going to fly with a collection agency. Do you really think they will wait dozens of years to get paid back? It will never happen.
Gerry, you also answer a lot of questions this way, and you are a moron. That crappy answer is right out of the collection agent's playbook! First shame them into paying, then threaten them with going to jail and filing criminal actions.
Come on dude, you know they don't toss people in jail for credit card debts! So why did you say that??? Collection agent jargon!
OK, now that I have vented...
You have two options. Unlike the majority of the people who responded....I did read were you said you lost your job. Therefore you don't have the ABILITY to pay, so why post answers that are unhelpfull?
You have two choices. Ignore the CA and hope they don't file a lawsuit. Unless this is a large bill (over $2000) it's not likely they will do that. But In the event they do, you have the option (in most states) to ask the judge to order installment payments you can afford. Your credit will be trashed, but that nice collection agent already did that, remember?
The other option is to contact the collection agent and negotiate some sort of payment plan. Someone recently posted a link to an excellent webpage that give you great advice on negotiating with them (see below). Once you have negotiated something you both can live with, manage your budget and do your best to pay them back. If they won't offer an agreement you can work with, that that to court with you and be sure the judge knows.
I worked with someone who had a bill collector harrassing her terribly....would not work out a payment plan but demanded the whole amount. When it went to court, they won, but the judge ordered $5 a month installment payments.
Good luck |
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twv85171234
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If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe. |
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Sunshine
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I hope you're learning something from all this. You know, when you lost your job, you should've called them right away and let them know that you're making every effort to pay them. (Why did you write "ay" everytime when talking about paying??) Most companies appreciate the honesty and will work with you on making partial payments, etc. It's always better to be upfront with people. Collectors are rude but they do have boundaries of which they need to be reminded of. Search on line for your state's laws regarding collection agencies and what they can and can't do. Sounds like he crossed the line, to me. Good luck. |
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Katherine W
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Negotiate for them to stop the interest on the amount you owe, otherwise it will build faster than you can pay it off. Also negotiate for payments you can afford. You can further offer them about 40-50 cents on the dollar to settle. |
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Chris
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There are a lot of issues at play here but the previous post indicated the actual truth. I'm just going to add my 2 cents worth in case it helps.
1. If the caller indicated he was an Attorney (and is not) this violates the Fair Debt Collection Practices Act (FDCPA)section 807 subsection B(3) "The false representation or implication that any individual is an attorney or that any communication is from an attorney."
2. Threatening to sue you without actually suing you violates the FDCPA section 807 subsection B(5) "The threat to take any action that cannot legally be taken or that is not intended to be taken." If he says it it has to happen.
3. It's possible that his behavior actually also violates FDCPA section 807 subsection 10 "The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."
4. He definately violated section 807 subsection 7 (7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. (On the other conduct clause by being abusive to disgrace you).
Debt collectors are not allowed to abuse you or otherwise violate the law. I suggest you contact your state Attorney General and file a complaint. Yes you owe them money but that is not a license to abuse you. Stand up for yourself and good luck. |
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Tahoe
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The 1st time a collection agency calls you, and the 6 or 7 more times, they wil be very abusive. Their job is to collect money and nothing else because they get a percentage of anything they collect. They are trying to intimidate you right off the bat. Eventually, if it is enough money
You will be taken to court, at the wish of their client. Chase does like to play hardball, and they will not go in with a debt consolidation program, if that is anything you want to do. |
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wjvv
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You didn't say how much was on the card. They can take you to court and get a judgment against you for the amount that is owed. Then they can use the judgment to go after your bank accounts, garnish your wage, etc. A lot depends on how much you owe to make it worthwhile to go to all that effort. If the amount you owe is minor, they probably won't chase you too much. However, it will affect your credit rating. |
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Locked and Loaded
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First of all, how much do you owe? It's unlikely that they will file for legal action against a small debt, it will cost them more in legal fees and court costs.
Second if you feel this isnt your account, then ask the creditor to verify the debt. Submit it in writing certified mail keep the receipt.
Third if you feel you mistreated then check with an attorney and search on Yahoo Fair Debt Collection Practice Act (FDCPA) and see if your rights were violated. |
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Expert Realtor
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That is abuse, and I wouldn't be speaking to their representatives anymore.
Can you send them $5 a month? If you send them something, anything, it's much more difficult to show you refuse to pay it....easy if you send them nothing.
What they are talking about getting is a judgement against you and you may or may not be notified of this action.
Send them a certified letter telling them you will send them (and state a dollar amount), and include a check for that amount. Send that same amount every month until you get back on your feet. Keep all certified copies, and keep all canacelled checks.
That is all you can do, unless you want to try credit counseling.
You don't have to accept their phone calls if they are being abusive. I would just do everything by mail. |
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Gerald
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Get used to that kind of talk. This is the business world and you borrowed money to make purchases. You don't care if you make a payment or you would have a job. This is what you did??? You failed to send them any money--not even the mimimum payment. Sherri--you will be going to court for the cash and the company will try and press for criminal charges. You may get jail time. This is not the time to get snotty---send them the money. Send them the money.. |
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identitycrises26
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Collection agencies are always like that. It's called intimidation tactics. It should be illegal. Write a check for like $5.00. In the note section of the check make a notation "by cashing this check you agree to accept payment of $5.00 a month and will not pursue any further collection process." When they cash the check is it considered legally binding. Or if you can come up with a larger amount (doesn't have to be what you owe) you can make a notation "by cashing this check you are accepting this payment as payment in full and I will owe nothing more." This is what an attorney told me.
Good luck =) |
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