Hi wanabe800 - welcome. Don't bother with BK for a temporary situation. Some of the debts are 1-5 yrs old and will fall off - maybe earlier with disputes. Read and ask questions to stop the harassments now - we are a talented group - you need to be specific - 1. who is demanding action now? 2. what is next most troublesome? 3.... do the list, then already we'll be working on a path for you to join with us aarrfff - dogman
Welcome wanabe800! Here's a great reason not to file BK 7: Way back in the 1980's, a Private Investigator well versed in credit repair gave me some excellent advice. Suppose you file BK 7, and the following month, (or year) are involved in a traffic accident and found to be at fault. You have decent insurance, say a $50/$25K policy. In this hypothetical accident, the other driver was disfigured almost beyond recognition. Obviously, such a horrific incident would likely result in a huge judgment against you. Your insurance pays $50K, leaving you on the hook for the balance. And because you cannot file BK7 again for six years, you've already exercised your one way out of a lifelong financial nightmare. Would you say $10 to $11K in debt is much more managable than a multimillion dollar judgment?
I just want to thank everyone for all the wonderful advise. I am going to start doing some reading in the library and figure out exactly where I should begin. Wish me luck
Ok everyone, I need your opinions. I am being harrased right now by one particular collection agency. Here's the story, I moved out of my apartment in 06/01 due to money problems so basically I broke my lease. A few months later I received a letter from a CA demanding payment of $1,533.00. I've dealt with this CA before and in the past I have just ignored their calls and letters and after a couple months they would become dormant. I refuse to talk to any CA on the phone, really because I just don't feel confident on the phone when talking to CAs and I want the upper-hand. Well they call me and call me and I don't call them back. They leave messages on my vm advising that "time is running out and they are going to have to make some decisions that will affect me" or something along those lines. Should I call them back and try to settle? Because it seems like they are not backing down (probably because of the amount of the balance). I would like to just write them a letter advising on what I am willing to settle for. Can anyone give me any suggestions or let me know of a good letter to use? Thanks so much my credinet buddies !!
A couple of thoughts on dealing with that CA. If a third party heard those messages the CA is leaving on your VM, I believe that violates the FDCPA. I've had 100% success sending CAs a cease and desist letter via CRRR.
Hi Defender, I just listened to the vm again and here is what she said exactly: CA: "Hi, this is Lisa from ICC and since you have not been returning our calls we have to make some decisions on your account now that is going to be affecting you. If you would like to avoid this we need you to call us immediatly at .......... Thank you." They also called my parents house and said that I need to call them back or they will be taking the next step regarding my account. I'm pretty sure they are not supposed to divulge any information to anyone other than me. I'll try sending a cease and desist letter. I'm just afraid that they will sue me for the balance owed. And, if they have indeed violated the FDCPA by those messages, can I threaten to sue them??
Consider suing the CA for communicating with your parents, (a third party.) Here is the relevant code: § 805. Communication in connection with debt collection [15 USC 1692c] (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location; (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
wow! Thanks defander for that awesome info! Should I write a letter to the CA giving them a notice of intent to sue? Or should I just serve them with a summons and complaint? I'm really nervous about going to court. Will they more than likely stop all collection efforts if I sent them an intent to sue for violation of the fdcpa? Sorry about all the questions, I'm just so nervous about the whole situation!!!
Don't be sorry or shy about asking questions. Anyway, if it were me, I'd go for the jugular and file suit, with my parents as witnesses. If you're not comfortable with that, draw up a small claims complaint and send to the CA with a strong letter via CRRR. From my experience, the minute a CA sees they're dealing with a debtor who knows the law, they go away fast!
