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thelady · Posted: Thu Feb 07, 2008 4:44 am Subject: are collection agencies that bad?

well, i am asking this question because my creditors have given the responsibility of collecting the dues from me to a collection agency and i got a call from them today. i am late on some of my payments and i was wondering that to what lengths can they go to extract money? can they send me to jail?

Posted: Thu Feb 07, 2008 5:43 am Subject:

no you can not go to jail because you owe money.

Posted: Thu Feb 07, 2008 6:05 am Subject:

Not ALL CA's are bad, some are willing to work with you.

Posted: Thu Feb 07, 2008 6:13 am Subject:

If they follow the laws they are good , if they dont they are horrible.

Posted: Thu Feb 07, 2008 6:40 am Subject:

I think dealing with the CA's is a matter of being educated. Read these boards and ask questions. The more you know, the better you can handle situations. There are some really helpful people here so don't be afraid to ask questions.

Posted: Thu Feb 07, 2008 8:22 am Subject: reply

It depends on the debt.the three credit cards i had,those ca's were helpful,courteous,and worked with me.the ipdl's and there ca's,harrased,threatened,and bullied me to this site.it all depends on if it is legal debt or not.you still should pay what you owe.though in my experience the legit debt and ca collecting it will be more willing to work with you,than an illegal debt and ca.

Posted: Thu Feb 07, 2008 9:57 am Subject:

The best advice that I would give thelady would be to talk with the CA's and be reasonable. Don't waste the collector's time, and always (always) keep in mind that if they are legit, then they are just doing their jobs. Treat them as you would like to be treated at your place of employment. 99% of legitimate collection agencies will remain professional and reasonable if you remain professional and reasonable.

However, if they're using illegal ollection tactics or otherwise breaking the law... Give 'em hell! But make sure that you know if they are actually breaking the law before you commence said "hell-giving."

Either way, keep us updated. There a lot of people on this site that can help you with whatever questions you might have.

Posted: Thu Feb 07, 2008 10:01 am Subject: reply

OP,THAT IS NOT ALWAYS THE CASE.I READ ALOT OF POSTS WHERE THE CA JUST STARTS FIRING.I'M SURE NOT ALL CA'S OPERATE LIKE THAT.I HAVE FOUND OUT THOUGH THAT 99% OF IPDL CA'S OPERATE ILLEGALY.

Posted: Thu Feb 07, 2008 11:01 am Subject: Very Good Question and Answers

Unfortunately, you will probably read more about the CA's that do violate the fdcpa here than you do about the ones that do operate within the law. That's just the nature of the beast when it comes to this forum and others like it, the bad overshadowing the good. This site just wouldn't be needed if they were all above the board, operating within the law. And once you do have an understanding of the FDCPA, it does become pretty simple to tell when a CA has crossed the line and violated the law. I'm not talking you have to be an attorney to understand it either; the FDCPA was pretty much written in plain English.

I would definitely recommend reading this site and the posts on it, even if you don't think the thread would pertain to your situation. You might learn something useful for a situation that just hasn't come up yet.

And Oparsenal, I'm not disputing you in regards to 99% of CA's operating within the law; however, I must have just been unfortunate enough to be able to really blow those averages. I'm pretty sure 99% of the CA's that contacted me broke the law from the very first contact call. I think there was only one CA that did follow the letter of the law when calling me and dealing with me over the phone; however, this was also the one that attempted to sue me and the attorney that helped me from legal aide got it dismissed because of the half-@$$ed paperwork they submitted with the suit. None of the "supporting" paperwork even had my name on it! I'm guessing they were hoping I would not even respond and they would get a default judgment.

And believe me the ones that broke the law and were just plain stupid when I dealt with them, I had such a field day with. If you get a chance, read my post in the thread on First Shore Credit Corp. Perfect example of a CA breaking the law right out of the gate!

PaulMergel, you actually raised a point that I've always wondered about. It seems to me the CA's that violate the law more viciously seem to be collecting on Pay Day Loans. Just about every thread I've read regarding to PDL's list examples of the worst kinds and more frequent violations of the FDCPA than the others. Just check out the threads on Legal Mediation Practice! I have my own axe to grind with LMP, but it seems I'm not alone in the harassment these idiots love to dish out. I wonder if the PDL CA's just realize they have more at stake, and less of a "legal" recourse (as in a law suit) if the debtor doesn't cave to their threats and intimidations and cough up the dough?

Probably more of a philosophical question on my part, but an interesting point PaulMergel raised.

Bottom line, if you owe and are able to pay, then do. If you cannot pay, due to extreme financial situations, then you cannot pay. Period. No amount of coaxing and cajoling on the part of a CA is going to cause you to magically produce money you don't have. That's when you send a partial Cease and Desist letter, advising them you only want to be contacted by mail.

And by all means, do remain calm and professional when dealing with a CA that has not violated the FDCPA. They are just doing their jobs, hopefully within the law, and don't deserve being treated like garbage for that.

Lastly. Absolutely, No! You cannot be thrown in jail for not paying on a debt. This is the A-number-1 illegal threat a crooked CA will use, so please don't fall for it.

Posted: Thu Feb 07, 2008 3:03 pm Subject:

The CA can't put you in jail ! HOWEVER , if they decide to sue and you don't answer the summons you now have a default judgment against you ! Once that is in place you have to jump through a lot of court mandated hoops (IFS , PTC's , etc.).Failure to show up for these could eventually be seen as contempt of court. COC= going to jail with bail often times the amount of judgment !!!

Mad

Posted: Thu Feb 07, 2008 3:08 pm Subject: reply

WHO THE .... ARE YOU?IF A PDL IS ILLEGAL.CHANCES ARE THEY WON'T GET ANY JUDGEMENT.SORRY THE COURTS ARE NOT GOING TO JUST AWARD A JUDGEMENT. Rolling Eyes

Posted: Thu Feb 07, 2008 3:22 pm Subject:

If you do not show up in Court you will get a default judgement against you. In some states they will issue a bench warrant and set your bail for the amount you owe. Sad? Yes. Fair? No. True? Absolutely! Goudah posted a story about this from Utah only a couple of days ago!
Please adjust you condescending answers to a more respectful tone!

Posted: Thu Feb 07, 2008 3:26 pm Subject: reply

I THOUGHT IT DEPENDED ON YOUR STATE.ALSO JCEMT POSTED SOMETHING ABOUT DISCOVERY PHASE.ABOUT THAT THE CREDITOR HAD TO PROVE OR VALIDATE BEFORE THEY CAN GET A JUDGEMENT.MAYBE I READ THAT WRONG.COULD BE. Confused

Posted: Thu Feb 07, 2008 3:30 pm Subject:

Read my post above. I added something! But failure to appear judgements are the norm. That is what they very often bank on!

Posted: Thu Feb 07, 2008 3:30 pm Subject: Common Sense?

I'm thinking common sense would tell someone to take a lawsuit (that is properly served, filed, and most importantly real) seriously. If you can't afford to hire an attorney to represent you, you can always try naca.net or your local legal aid office.

My hats off to anyone that is brave enough to attempt to represent themselves in court. I would not have the smarts or the "stones" to even think about doing it.

But always, always, always take a lawsuit seriously!

Posted: Thu Feb 07, 2008 3:33 pm Subject: reply

I READ AND UNDERSTAND.ALOT OF SHALL I SAY,PDL BOBOS OUT TODAY.THEY JUST UPSET ME.WILL BE MORE OF MY OLD SELF. Very Happy

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