Kitt, remember that CAs are motivated by their commissions. They're NOT motivated by the opportunity to do you a favor or anything else. Unfortunately, they also often regard the debtor as a scoundrel who shouldn't have owed that money for so long anyway, so they start out with a bad taste in their mouths. (Ironically, many of them are scoundrels themselves. Some would say "scum," but I'll avoid that, since there are CAs who are upstanding and honorable individuals, a few of whom even frequent this board. I think even they would allow, though, that most collectors aren't too nice.) Understanding their motivation is even more critically important in your situation. Again, their primary motivation: the commission. In your case, the commission isn't that big. $35 isn't exactly going to be their big "sale" of the day. In fact, after a long day of arguing with mean-voiced people all day long for far more substantial amounts, some CAs will enjoy telling you to "forget it" more than they'll enjoy collecting the measly thirty-five bucks. In fact, my guess is that you have no negotiating room at all -- simply because the debt is so small. For that reason, here's my suggestion instead: You'll need to create a situation that will cost them far more than the $35 should they wish to pursue this. Here's what you do imho: 1) Do NOT deal with them on the phone. Period. 2) Write them a certified letter with return-receipt requested. 3) Take this approach: Do not acknowledge the debt at all. Instead, treat them as a nuisance. Say something like, "It has come to my attention that you are reporting a very small collection account amounting to $35. Although this certainly does not appear to be my debt at all, the amount is so low that I will consider settling this for the full amount ONLY if the account is UNRATED with all three credit reporting agencies. In other words, if you will agree to unrate the account -- i.e., remove it from my files -- then I will agree to simply pay this small amount even though I do NOT acknowledge that it ever belonged to me. If this resolution is suitable to you, please restate these terms in writing to me as soon as possible, and we can bring this matter to a satisfactory conclusion." 4) Finally, if they don't play ball, try the exact same approach 2 or 3 weeks later. You may get a more amenable CA employee. Finally, if that doesn't work, validate and estoppel and threaten them silly. Make them understand that your legal options will gain you far more than $35 unless they simply let this go. In other words, to restate this differently, go ahead and acknowledge how small the debt is (because that's what they're thinking anyway). Let them know that you regard this as a nuisance which doesn't belong to you. However, since the debt is so small, you're willing to simply go ahead and pay it to make it go away but ONLY if it does indeed go away. Finally, get any agreement in WRITING. Telephone promises don't count and often don't work. Hope this helps. Doc
Well I personally would send the letter by certified mail with return-receipt requested. First, the act of sending such a letter really underscores your seriousness of purpose -- much more than, say, a quick fax or (even worse) a casual telephone call. Second, the return-receipt provides solid documentation should you need to file a small claims suit later if they don't live up to their end of any agreement you reach. Doc
