Small debt but I need advice

Discussion in 'Credit Talk' started by NLAur, Nov 11, 2008.

  1. NLAur

    NLAur Member

    Im a young stay at home unmarried mom. I never got credit cards or any forms of credit ever because I never needed themand never wanted toplac myself in a bad situation of debt. My only mistake was during a last minute move I opened a storage facility to hold some items I had no space for.I made good on the storage for many years,but after becoming pregnant I was told to leave my job by my boss. I then moved again far from the storage and couldnt get the items out.
    At the time this was an OK decision. I had saved enough to live & I continued paying my storage rent until this spring when I literally had nothing left to give. I allowed it to default and be sold at which point the debt was $130ish + $10 newspaper listing fee then minus whatever the items sold for. At this point I no longer had a phone. So I never recieved any calls.
    I recently (1-2months ago)got a notice from a debt collection agency (I dont know if it was working on behalf of the storage place or bought the debt) which I ignored for the amount of $319(where they got the amount I dont know). And yesterday a letter from a local attorney acting as a debt collector on behalf of "their client" threatening to file suit if I dont pay in the amount of $319 whether in payments or in full.

    I know in my state they cannot threaten suit without actually intending to. I do want to make good on this problem, I really wish I could. I'd rather not go to court, but I at this point have nothing, I do not work, I have no assests(the only thing I own is a couple fish tanks and a bed), I have one frozen bank account (due to an unauthorized charge, which is another matter being worked out now I hope) and another with precisely $21. My daughter is supported by her father,and Im in the process of moving in with family and trying to go back to school.

    Any insight would be greatly appreciated.
     
  2. NLAur

    NLAur Member

    Since I did not want to drag this out,I finally went through my old paperwork and realized that the storage never had my SS#. I dont know if that means it wont show up on my credit report (but Im crossing my fingers). Above all, I did not want to go to court. I couldve been considered Judgement proof as like I said above, I have no income, or assests. However, I do want to make good on this. Nevermind the fact I cannot get a babysitter to go to court, nor do I have a vehicle, and Im in the process of moving 1/2way across the state in with relatives.

    I then called up the storage facility for a breakdown of all the fees and costs charged, the amount the lot sold for and the total amount owed. They were very helpful. I asked if the creditor was working on their behalf or sold to them, to which they replied the creditors/lawyer are working for them.

    I called the lawyers office today, and reached a secretary said she handles the calls. They offered me the choice of 2, a settlement in a lump sum(payed in full by Dec 1) or a payment plan. She said they will not offer both a settlement price & lump sum. As I currently cannot pay a lump sum, I said I could do payments.She informed me the absolute lowest they'd go is $50mnth. I said I am unable to, at this point in time, afford that much. I explained Im unemployed, but should the situation change I would increase my payments. At which point I put an offer of $25mnth on the table which she accepted.I said I'd like a payment agreement mailed to me, then I would make my first payment & she said it would be in the mail tomorrow.

    After reading through the forums I found them very helpful in lowering my stress levels about the situation. I doubted they'd haul me into court for $300, or even if they were willing to, that they'd be less agressive over a small amount when working things out over the phone. I guess Im surprised after so many horror stories from friends about creditors that all the people Ive contacted concerning my debt were so professional and willing to work with me. I suppose if I held out or gave a sob story beyond just "im unemployed" I couldve worked something out more to my advantage, but these terms are totally acceptable for me.
     
  3. Hedwig

    Hedwig Well-Known Member

    I'm glad it worked out.

    Unfortunately, there are some bad collectors out there, and many people then paint them all with the same brush.

    But there are some collectors and lawyers who do care and try to work within the law to help you.
     
  4. cap1sucks

    cap1sucks Well-Known Member

    Just be sure that the words STIPULATED or JUDGMENT or the two words together do not appear anywhere in the agreement. If either of those two words or the phrase appear then it means that they will most likely turn it into a judgment as soon as they get it. If that happens and you miss any payment they can garnish wages from any employment you might obtain in the future. It would also be likely to show up in your credit reports doing you even further damage.
     
  5. NLAur

    NLAur Member


    I havent received it yet, but hopefully if it does contain those I can talk the lawyer/law office into taking it off the agreement.
     
  6. jjgross

    jjgross Well-Known Member

    What you can do is strike those words out copy it and send it back and have them rewrite it to your ok.
     
  7. NLAur

    NLAur Member

    I got my agreement yesterday, its probably the shortest letter Ive ever seen.

    it has To: My name , From: Attorneys name , Date(nov 14) Re: Outstanding balance owed to...
    File: *referance #*


    Settlement agreement

    This notice confirms you have this day agreed to enter into a payment plan withmy office to the above referenced matter.

    Balance: $319
    Minimum Monthly Payment: $25
    *Beginning Dec 1 08

    Kindly sign & date below with your first payment starting upon reciept of this agreement. *Attorney Address & make check payable info*


    In the 2nd letter it basically states there will be no further correspondence unless I fail to uphold the agreement.
     
  8. jjgross

    jjgross Well-Known Member

    I'm glad it worked out.Sometimes a simple phone call will work things out so everything is settled and both sides are happy.Good luck to you.
     
  9. NLAur

    NLAur Member

    Bleh, they did get my credit report with this. Reported on experian.
    I didnt discuss the options of credit reporting on the phone or in the agreement.

    Date Opened:
    03/2008
    Date of Status:
    09/2008
    Reported Since:
    09/2008
    Last Reported Date:
    09/2008


    Type:
    Collection
    Terms:
    10 Months
    Monthly Payment:
    $0
    Responsibility:
    Individual


    Credit Limit:
    $319
    High Balance:
    N/A
    Recent Balance:
    N/A
    Recent Payment:
    N/A
     
  10. greg1045

    greg1045 Well-Known Member

    But make sure that you make your payments with money orders and not with personal checks from your bank account as you would be revealing your banking information.
     
  11. NLAur

    NLAur Member

    Ew, you think they'd dip right into my account?

    It actually asks for money order or cashiers checks only anyways on the first letter.
     

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