They would need to sue you and obtain a judgment, first...so yes, this would be an empty threat.

This would be an example of an illegal threat, and probably constitutes 3rd party disclosure as well.

Enter Your Samebox Message:

__________________
The only people with whom you should try to get even are those who have helped you.
-John E. Southard

just wanted to throw in there is to my understanding you can be contacted 2x via phone after you have send a C&D once to verify u recived it and then to tell you if further action will be taken, now keep in mind you send that and it goes to another agency pretty fast and they can start all over again. just wanted to toss that in there. also when you with a litigation office you can be alot harder i had a client who literally told us we will sue these 500 if they dont pay by the 30 of 2 months from now ans i could tell that person you wILL be sued no if and or buts alots people get phrases mixed up as well....also as far as making payment do and 2 epay they papercheck it to you bank for payment best method and all information about payment is dont on a recoreded line (at least at a good company) and its all federally regualted, btw make sure to recive a docket number for the call so you can request a copy in case of an error

Enter Your Samebox Message:

Yep...they can be a demanding. I have some call and don't leave messages..I know the number from Caller ID. Also...I've had a few call, and ask for someone who doesn't live in this apartment..obviously a wrong number. THIS company calls all the time. When I tell them they have the wrong number, they say, " are u sure?".. ( like I don't know who lives here..LOL ) Anything I can do about this?? Thanks.

Enter Your Samebox Message:

In regards to debts that are not yours, send a cease and desist letter.

In regards to debts that are yours, send a partial CND letter; one that only permits contact through the mail.

Send all correspondence using return receipt mail.

Enter Your Samebox Message:

__________________
The only people with whom you should try to get even are those who have helped you.
-John E. Southard

Westbury Ventures???

Does anyone know anything about them?
I tried to get a mailing address from them and they would not give me one.

Enter Your Samebox Message:

Morning star
Does the letter asking collectors to cease communication with you other than by written correspondence apply after there is a judgment against you?

Enter Your Samebox Message:

While a collector with a judgment may be able to obtain payment through involuntary means (for example, a garnishment), they are still bound to follow the fdcpa.

Enter Your Samebox Message:

__________________
The only people with whom you should try to get even are those who have helped you.
-John E. Southard

If you pay a collection agency in full are they obligated to remove the item from your credit report.

Enter Your Samebox Message:

Nope. The will just mark it paid in full. You could negotiate a Pay for Delete.

Enter Your Samebox Message:

Also, make sure you get a letter from anyone saying that your account is paid in full!!..karen

Enter Your Samebox Message:

__________________
As long as you are alive, there's always hope

A very good post!

But, a few points, maybe out of context.

You should NEVER take what a CA says you owe for a debt to be true.

You should NEVER call a CA or talk to them on the phone.

As a matter of fact, you should NEVER make arrangememnts to pay them at all.

Even if you make a deal with them, it will not improve your credit score/rating and probably will hurt it.

In fact, most CA's will not have the proof you owe the debt they have purchased. You MUST create a paper trail, insist they abide by the LAW, which by the way, they are hoping you are ignorant of.

Make sure you dispute the trade line with all the CRA's the debt is showing up on at the SAME time you DV the CRA!

The CA has 30 days to prove you owe the debt and NO MORE. This means they have to show you documents from the OC!

I am suing asset acceptance llc for this very thing. It took them 3 months to work up some doc's. NOT acceptable.

Don't let these out of control CA's ruin your life!

Mysty

Enter Your Samebox Message:

Wow...
Mysty.......good post. I DO have a question ( as usual..LOL). If you KNOW you owe a debt, and CA's call constantly, according to Morningstars post ( some time ago) a CA does NOT have to take 'partial payments, etc.' ..or...'lower a payment arrangement'. I tried to work something out, with a CA, for another ( possible?) payment arrangement. My work hours, dropped a bit, and I was explaining this to them. They basically said, " sorry to hear that, but, we can't change anything." They ALSO said they wouldn't "accept anything less per month." I haven't made any payment, to them for a few months, now. They HAVE called a few times..asking for "banking info' and "updated info." God...what a pain!! I started a new job, since then. Making better money and more hours. Should I send them WHATEVER I can right now? I was making payments, through Moneygram, so, I don't understand why they were asking for bank info. Advice please.

Enter Your Samebox Message:

Never say never. There are good reasons to talk to a collector.

That is absurd.
A debtor may be sued for the debt.
In the case of court fines, traffic citations, etc... the driver's license may be suspended, and state tax refunds may be intercepted.
If a federal student loan, federal tax returns may be intercepted, wages can be garnished, social security payments can also be garnished. If the debt in question is a private student loan, there is no SOL...

Good luck with that. If more people held CAs accountable for violations of the law, I think more collectors and CAs would work in compliance with the law.

You missed a payment. They probably want to set up an auto payment from a bank account.

Enter Your Samebox Message:

__________________
The only people with whom you should try to get even are those who have helped you.
-John E. Southard

Hey Chargers

First of all, cease all phone contact with the CA.

Secondly, send them a Cease and Desist letter. Tell them you only accept communication by mail and not the phone. Make sure to send the letter CMRRR.

After you receive the green card, if they continue to call, write down every instance they call.....do not answer the phone....this will begin to build a case against them if you want to sue them for violations.

You also need the CA to prove you owe them money.

Write the a DV letter, demand that they show proof that you owe them money, what it's for, how they calculated what they say you owe and demand the original documents with your signature from the OC proving that this is your account. Even if you know this is your account, make them prove it.

They have by law 30 days to comply. Be familiar with the FDCRA and the FCRA. There are some letters on this forum to get you started.....try not to write the letters verbatim. The CA's get hundreds of letters a week....so try to change the wording, write it longhand or print it off the PC with stationary paper.

Let me know how it goes, or if you have anymore questions.

Good Luck and be strong!

Mysty

Enter Your Samebox Message:

LOL

I have to disagree....there are never good reasons to talk to a collector, especially when they are trained to manipulate you. You always need a paper trail, trying to reason with someone on the phone whom is trying to get you to PAY by any means possible is a BAD move....no phone convos!

Enter Your Samebox Message:

Can a CA take your paid-off car even after you started paying them off but found out that they were ripping you off for more than what you owe so you stopped paying the last part?

Enter Your Samebox Message: