Hi, viewed a post by MARIE with some information on letters to send to attorney/collection agencies saying you don't want to deal with them but directly with card companys. Does this work? Their letter (attorney/collection agency)they sent me stated alot of information on it that a vadication letter wouldn't work, cause they were already making statement on they can get proof or put judgement on us, even left scary spoof privacy voice mail on our phone. If the validation letter would not work, will the cease and desist letter to say we won't deal with them??? Please help very much a rooky at this. We have been sending the card co's letter informing them of our situation and asking for constructive help and why we can't pay high min. pmts they have with loss of husbands income back in Nov. by letter not phone......for documentation purposes. So far no luck? Any ideas to help would be appreciated. Scared broke and bewildered! Haven't been able to save home yet either so double scary. sellersout
I'm sure the post you're talking about is years old, since I don't believe Marie has been here in quite a few years. Most of those old letters are no longer effective (and many never were). Post some details here--who is the collection agency, who is the original creditor, what have you received, what have you sent to them, when did you make your last payment, etc. Then we can see the best way to proceed. I will say that if the original creditor has actually sold the debt (as opposed to assigning it for collection), you have no choice but to deal with the collection agency, since the original creditor no longer has anything to do with the debt.
Dealing with collection agency #2 Hedwig, you wanted details....we have alot of credit card debt from 2 major layoff periods which has accumulated. Husband lost job in Nov. My income isn't stretching very far with winter heating and gas to get to work etc. and cut hrs myself. Our last pmt to card co's was in Dec. I have contacted them and explained situation by mail. hsbc which we each had an account with turned debt over to a law firm in Mn here and they have sent letter and one weird message left on my answering machine for me but not my husband. We haven't talked to any of them on the phone. We are trying to save house also which is now 3 months behind......so our household is spinning with stress.....any help or suggestions would be appreciate. I did try to send one of the letter to the law firm that we would only deal with original creditor....from the letter selection posted on this website. Cease contact one. So that is my additonal details.......still confused. What can the card companies do to us? What can lawyer law firm do to us as collection agency? WE filed bankruptcy 4 yrs ago and had good credit since till recent layoff. So that is out. WE just want to be prepared ahead, as to hide family heir looms which we don't want to loose???? How much of our household items are in jeapordy? Waht can we expect or be afraid of? Thank for your time....Sellersout
Well, by sending them a cease and desist, you have left them no choice but to sue you if they own the debt. They are probably still working on behalf of the original creditor. As far as what they can do, they will probably sue you. Most likely, they will get a judgment against you. At that point they'll ask for a list of assets. They'll probably try to garnish wages and/or bank accounts first. A lot of it depends on your state law. It's possible that they could force your property to be sold to pay the debt. If I were you, I'd try to speak with a lawyer familiar with consumer laws in your state and see what your options are. Since you filed BK four years ago, it looks like that option is out. In the meantime, cut expenses to the bone (no cable, no eating out, etc) and see if you can get even part-time work somewhere. If you can get some money together to make a settlement offer, they may accept.
If you filed bk 7 you can file a 13 when you filed 4 years ago did you homestead your home?They will go after jewels etc.So i would keep as little as possible in bank.You should consult with a bk lawyer.Don't stress you'll get through this.Just settle and come up with a plan of action.
Hi again, how long is the timeline for judgement or garnishments??? Do you go to court first or do they process that with out you knowing? Live in Mn. Thanks Sellersout
