They have been chasing me for an unpaid credit card bill for a long time. I can't afford to pay it and eat and pay rent. There is nothing left for me to cut out of my budget. If I could afford an attorney, I'd declare bankrupcy. Anyway, I noticed today on the caller ID that they are calling from a local number instead of from New Jersey. Should I be worried about being sued because the are calling from the local area?
Caller ID can be spoofed so you shouldn't assume that any number you see is really the number that the caller is calling from. Whether you'll be sued, Dumb Bob has no idea.
Did you request validation? If not do it now and at least put a limited C&D in the letter so they can only contact you by mail. Send it RRR. Is the debt within SOL? I asked them for validation and they went away.
Be careful with a C&D of any type. If you do that be prepared to be sued (if they can). Always better to prepare yourself for the worst case scenario. I ran a pre-legal department for a collection agency and even when I got a limited C&D they account went to an attorney for suit immediately. But I would agree with requesting validation. When you formally request validation of a debt, ALL collection activity must cease! They cannot dun you for 1 cent, period! They can call you to advise you of the status of the dispute, but they cannot ask you to pay it till the debt is validated. I would look at your states SOl and find out if it is even an enforceable debt. I know MRS works a lot of ancient accounts! If the enforceable period is over and the SOL is up, then yes send the complete C&D and walk away.
This is absolutely not true. First of all, a limited C&D says "it is inconvenient for me to accept phone calls at any time at any number, and all future correspondence shall be in writing." While a full C&D leaves them no choice but to sue, a limited C&D simply makes them reduce everything to writing. And it's true that if you request validation WITHIN THIRTY DAYS OF THE INITIAL CONTACT, they must cease collection activity until they send validation. If, however, more than thirty days has passed since the initial contact, there is no requirement for them to cease collection activity. Furthermore, validation requires fairly minimal documentation. Contrary to popular belief and many web sites out there, no requirement exists for the creditor to furnish a contract or any signed document. They have to tell you who the original creditor was, and what the balance is. Not much moe.
I'm in a difficult situation. I'm currently going to school and will more than likely have a job when I'm finished. I'd really like to try to figure out a way to pay this off when I'm done with school in December 2010. There is just no way to do it now. Its really hard because I'm just so ashamed of my situation. Thanks everyone for the replies.
As long as they don't sue you, you can ignore them until you're ready to pay. But you should check at the courthouse periodically to make sure they haven't filed suit against you. How much is the debt and how old is it?
It would depend on your court. Go to the office of the Clerk of the Court (or something similar) and ask them.
