Need to pay a debt by tomorrow or else i have to go to court.?

Hi i live in CO and have a collector demanding i pay a discover card i owe 3k on from 1999 when my husband just left me, i could not pay it. This collector is giving me an option to pay 1500 now and 1500 in two weeks. I dont have that kind of cash laying around for this and am afraid of jail time ect. This guy Mr. Jones at NCO/hecker law frim is a very serious and set on if 1500 is not paid a police officer will be inviting me to court.

I would guarantee that they bought the debt from someone and that your are PAST your statute of limitations- actually I just googled it and the statute of limitations in Colorado is 6 years.....so they can not collect on this debt since it is past the statute of limitations. Tell them that next time they call. If they continue on send a cease and desist letter to them.

Whatever you do DO NOT PROMISE TO PAY THEM IF YOU PROMISE TO PAY THEM YOU ARE STARTING THE STATUTE OF LIMITATIONS ALL OVER AGAIN.

They are trying to bully you into committing to the debt again so that that they can collect from you when legally they can not. Now they are crossing the line and violation your rights according to the Fair Debt Collection Act.

Plus, NCO is a NASTY, mean, and dirty debt collection agency. They tried to get me to refinance my house but I played along knowing I was filing bankruptcy. So I filed bankruptcy and they are history now. But they are a nasty and mean debt collection agency. I think they border on doing things illegally there. They walk a fine line. They are not to harass you or threaten you like that.

They would have to file suit against you for you to have to go to court and that can take a few months....like 3-6 months or more. They are trying to scare you into committing to the debt so they can continue to hound you.

You don't need to worry about jail time.

That jazz about the police officer inviting you to court? That police officer will be a process server, notifying you of a CIVIL suit against you.

You won't even be *compelled* to go to court. If you don't show up, they give the other side a default judgment.

Then there will be a collector trying to get you to pay the judgment instead of a collector trying to get you to pay the bill. If you don't pay them, they can go to court again. At that point, they will try to attach assets.

Bill collectors are professional jerks that depend on your ignorance of the law. They try to get you to moneygram them money, even though it costs an extra $20 or so to do things that way. That's because once you moneygram them money, you can't get it back. If you were to mail them a check, you'd have until the mailman comes to decide not to mail it, and until they cash it to decide to stop payment on it. Bill collectors violate the laws limiting the number of times they can call you, and they will call you at work, which is another violation of the law.

If you want to go to court, you can list all the things that the collection agency has done in violation of the law, and ask the judge to void the debt. Or you can ask for a continuance. Typically, you can get two, sometimes three continuances. Do they want to pay to send a lawyer to three or four hearings in order to get a judgment? Not for a $3000 debt. And if they don't show up, you can ask the judge to dismiss the case with prejudice.

You owe the money. You acknowledge that. You would pay them if you had the money. You as much as say that. The Discover Card people need to know that abusing you won't get them their money any faster, and if they continue with the abuse, you can run up their collection costs quite a bit, and then slip out from under them by filing Chapter 7 bankruptcy. They don't like that possibility at all.

They say that if you borrow a little from the bank, you stay awake nights, trying to figure out what to do. If you borrow a lot from the bank, though, the banker stays awake nights, trying to figure out what to do. You've lost enough sleep already. Now it's time for the banker to lose some sleep.

Chantel,

Don't take any more of the calls from the collectors. This debt is past the statutes of limitations in Colorado and it should not even be reporting on your credit. Write a "debt validation" letter to NCO and tell them to cease and decist any further telephone contact with you.

http://www.oskie.com/free-letter/debt-validation-letter-collections-collection-company-agency.htm

Tell them that the only contact will be by mail only via the United States Postal Service. Just the fact that this collector is threatening Jail time is a direct violation of the Fair Debt Collections Practices Act.

Here is a section of the FDCPA highlighting false misrepresentation that this collector is definately exhibiting.

Â§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(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.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

Also Chantel I am providing a link to the Federal Trade Commissions complaint form. File a complaint here:

https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

NCO has already been in deep doggie doo doo regarding their shade collection practices. See the link below for more information on NCO.

http://www.vaughns-1-pagers.com/economics/bad-collection-agencies.htm

Chantel, take action and let this bully collector know that your are "mad as hell, and won't take it any more!"

Warm wishes, Chantel and don't let these people scare you into anything. They are wrong and deserve not one penny from you!

Cali is right.

This is a good example of why:

1) You NEVER talk to a collection agent on the phone.
2) Get everything in writing.

If he had made those claims to you in writing, you would have a nice lawsuit against them for FDCA violations.

For now, you need to understand your rights, and understand what the Statute of Limitations laws are about. Read the link below for that.

Then send NCO a letter demanding that they validate the debt, and cease and desist communications with you. That will stop their harassment calls and letters to you.

Note that if you have made ANY payments to these guys since 1999 then you may have reset the SOL and they can come after you. I hope that wasn't the case.

Not paying a Discover card bill is not a crime. You have to go to the court or the court will probably rule against you. If you show up, it will not send you to jail unless you are held in contempt for being rude to the judge or something like that. The court may issue an order garnish your wages or seize your property or otherwise recover the money.

Politely remind the judge the that statute of limitations for unpaid credit card debt in Colorado is either three years or six years (not all sources agree; check in advance, before court) and that the debt is from 1999. If, at any time from 2004 to now, you paid part of the debt or agreed to pay, that restarted the clock and they can sue for the rest. However, if nothing happened from 1999-2006, it is too late for them to sue now.

If the statute of limitations may have expired, then do not pay anything without consulting a lawyer. If you pay anything, then you might have to pay the rest, even if you could have paid nothing.

My dad had the same thing happen. He got divorced and his ex wife was ordered to pay the credit card debt. When she didn't they came after him. They tried the same scare tactics with him. He told them to "go to hell" and that he had no intention of paying it. Nothing ever happened. They use these tactics to try to intimidate people into paying. What you should understand is that it costs them a lot of money in attorneys to try something like that. $3000. would not be worth their time or money. Try to make other affordable arrangements with them. They will either work with you or not but at the end of it discover will write it off as bad debt and take the tax credit.

You need to make arrangements now, if it is with NCO and they have Hecker representing them you will be sued. They will also add on court fees ect, although you will not be thrown in jail but your paychecks will be garnished and assets such as cars, jewelry ect will be auctions off at the LOWEST price. Try this call them up and offer 25 dollar payments that may work.

I am very sorry to hear this. if you would like me to help you out of this tomorrow, I can. I need some more information from you also. I need to know if this is a 3rd party collection agency? Please email me at creditsurgeon@gmail.com tonight. I will make sure that you don't pay them any money. I specialize in credit law.

You need to pay what they offer.
Borrow the money from family or a friend and get this taken care of.

You could possibly offer them a payment plan, however they are under no obligation to accept it. It doesn't hurt to ask.

If they take you to court, they will most likely win and then the court may order a garnishment of your wages to cover the debt.

Figure out what you can pay, and think of a reasonable timeline for paying the rest. Then call him and try to work that out with him. It is easier for everyone involved if the two of you can figure something out without going to court, so he should be willing to work with you.

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