I am a new to all this credit stuff and need some guidance. I have been reading everything I can find online.. and I'm not totally sure what I should do. Here is what I am up against. WE have been getting nasty phone calls and demanding letters from 2 different CA's that say they are collecting for Sherman Acquisitions. Both of the accounts are or were Sears accounts.. One regular Sears card and the other a Sears Master Card. Both of the accounts were opened in 1997. I have letters from Sears dated 10/99 stating that the accounts were 3 months past due. No matter how hard we tried we couldn't work anything out with them so we signed up with a Credit Management Agency, thinking that we were going down the right path. My DH was forced to stop working in March 2000 for medical reasons and is on Social Security Disability. He is also a Disabled Vet and is listed as 100% total and permanently disabled. We stayed with the CMA until 10/2001 when we realized that we were getting nowhere fast. Since our only income is his SSDI, VA Pension and a small pension from his former employer, we have not made any payments, and are not quite sure what to do about these Collection Agencies that are coming after him. We moved from NY to Florida 2 1/2 years ago in hopes that the difference in the weather would help him. What would be the best way for us to handle our situation. What can they do to us, etc: Sorry to be so long winded.
I'm also new to this and don't know about Florida law, but I do know that my husband is also disabled and drawing disability through Social Security, that leaves him judgment proof in Missouri. The CA's can call all they want and do nothing to him. However, if my name is listed as joint account, that leaves me to pick up the financial responsibility.
I am not listed on anything having to do with the old Sears accounts but they are telling me that I am responsible since we are married even though I have no income and do not work.
Disability is protected from judgement under federal law, there is a post on here which lists the complete act which establishes that protection. #1) try to stay calm, take nice relaxing deep breaths, and try to not let them get you upset. If you do, they win; the phone is their best weapon. If they call, tell them to only communicate in writing. *CLICK* -- You want to script this just like you need to script "Put our number on your DO NOT CALL list" for telemarketers. #2) Send the CA A Validation & Partial C&D Request Request complete historical documentation, including but not limited to the original signed application, all invoices, statements, and receivpts, from the ORIGINAL CREDITOR. Request that any future correspondence be only done through postal mail; no phone calls, or third party communications of any kind. This will put them on the defensive, since if they put something into writing, you have evidence to use against them.
Just wanted to tell you that his VA is untouchable also. My husband's at 50% payable 60% total and will likely be moving to 100%. We don't have SSI. My husband won't even apply. I have a minimal income. Know that you aren't alone. Write the modified cease and desist for letters only. The statute of limitations should be up in 4 years in FL which is next month. Good luck.
