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#1 03-08-2007, 08:14 AM

I have a debt that I admit is mine. I quit working with the company when they shut down my ability to pay online and keep haveing people who hardly spoke english calling me demanding a check over the phone for the amount. (I was 2 weeks late and had made a sizable payment the month before) Now I had a call from a collections agency (the law office of joe pezzuto) The person I talked to at the extention I was instructed to call was not the one who left the message the day before. I got a bit paranoid and started looking for information on the firm. I found it is part of a larger collection agency but they do have lawyers that work for them.

I was told they would not do payments, I was asked what I do and how much I make. I told them I could have the money in 6 weeks. They told me I had 24 hours to call back and tell them how I was getting the money and make arangements to do a check over the phone for the whole amount and he could give me 3 weeks before he sent it through.

I don't like doing checks over the phone and I don't feel I should have to tell them how I am getting the money just that I have it and when i can get it to them.

When i call them back I plan on asking them to send me something in writing and I will send them a certified check by the end of the month (3 weeks).

What do I do if they want to strong arm me by saying they will have to start leagal procedings or something like that. Do they have the right to ask me how I plan on getting the money? I need advice on what my rights are in this situation and how to handel them. I am more than happy to find away to pay my debt.

Thanks for any advice you can give,
Trinity

irish51cc · #2 03-08-2007, 08:21 AM

Welcome to the forum Trinity. Is it possible to give us a little more infrmation? What state do you live in? What type of debt is this? Is it a pdl or credit cad? Who is the collection agency calling you? How long have you been paying?

Bossy4455 · #3 03-08-2007, 08:23 AM

What company are you dealing with? collection agencies will threaten, yell, etc., don't let them intimidate you. Don't give them any personal info-where the money is coming from, your bank info., etc. Make sure they have a legal right to collect this, and it is within the SOL period. Send them a debt validation letter, asap. You do have rights, and they are being violated by their threats. They are supposed to validate the debt to prove they are the ones to be collecting. If you have any questions, please ask..KAren

TrinityDragonDesigns · #4 03-08-2007, 08:38 AM

the original debt was with Providian/washington mutual several months after my last contact with them I got a letter. When I called I got a automated system and placed on hold for half and hour before I hung up. I keep waiting for something to be sent that I could deal with. I admit to the debt and I am more than happy to pay it as I can. I work as a temp and getting almost 2,000 dollars together will take a few weeks unless my bank gives me the loan. Only about half of that is actual charges the rest is what they have added on to the bill. I have to call the guy back in four hours or so and I want to be ready so I don't get suckered into more than is leagal or than I can handel. I have already had people call my parents phone number and I have not lived there for over 3 years.

cajunbulldog · #5 03-08-2007, 09:31 AM

Trenity,debt collectors must follow rules when collecting debt.It seems they do not want to follow the rules.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

Please read up on what they can and cannot do in this link. After that,put them on notice that if they want a dime,they had best follow the established rules and quit with the harassments.

Cow & Chicken · #6 03-08-2007, 11:48 AM

Who is the collection agency?

Cow & Chicken · #7 03-08-2007, 11:49 AM

As Bossy suggested, before you pay anything, make them validate the debt. That is the law per the fdcpa. There is a sample letter in the DIY section of the forums. Never give them banking information.

#8 03-08-2007, 12:01 PM

Funny thing I called them back and talk with the "general manager of the law firm" and told him I was working with a debt concolidation agency. He told me several time that they are a law firm and wont work with the concolidation people yet he was more than willing to fax me a letter and knock of 500.00 dollars as well as set up 3 payments for the debt. If I don't get the letter I will stop payment and if I need to I will close my account. I'm keeping an eye out and will be talking to a few lawyer friends of mine if I think I need thier help on it.

Thanks for all the advise,
Trinity

trophy · #9 03-08-2007, 12:04 PM

It is illegal for a collector to threaten legal actions. Read the fdcpa laws in the FTC website and get informed of your legal rights. The link is posted above. The collection agency must validate the debt and confirm that they are unauthorized for this collecting on the debt. They need to send it in writing within five business days after the first phone call. Check your mail regularly. If you don't receive anything from them, get their address and send your DV letter by certified mail and return receipt requested. This should cover your basis legally.

Since the debt is legit, you have to work out payment arrangements with Providian and try to clear the account directly with them.

TrinityDragonDesigns · #10 03-09-2007, 08:17 AM

Got them to fax a letter to me.

Letter has original creditor, creditor, account#, amount due and list the agreement I made with them for 3 payments and a lower overall total. It also states that thier client has agreed to remove any negitive marks on my credit to reflect current status of my account.

From what I read they are more than likely still making a few hundered bucks but I will have it done and over in a few months. To be safe I am going to ask a few lawyer friends to look over the paper for me and give advice if they have any.

I am keeping copies of everything including my phone record where I made or recieved calls from them.

Everything I have found says that They are a Collect America Franchisees but they do have lawyers that work for them.

texaslawyer · #11 03-10-2007, 07:39 AM

If they misrepresented that the caller is a lawyer -it is a violation of the collection laws. And a common one at that.

TrinityDragonDesigns · #12 03-10-2007, 02:08 PM

they made sure to never say they were a lawyer only keep repeating they were a law firm not a collection agency.

#13 04-02-2007, 08:22 PM

They may not say they are the actual laywer calling but they DO LIE or mis-represent themselves, by saying they are the parrilegal or legal assistant... I got that from them several times.

#14 09-10-2007, 02:00 PM

these guys called me up for a debt that I owed for 1100 dollars. I told him i was unable to pay that amount. Then the guy says he is on 'my side' and says that he'll cut the amount in half and I need to make that payment now before legal action gets taken. He was asking for my checking account number and sounded like he was being a lawyer. I did not give it to him which made him say " I know what you're trying to do." I replied "what do you think I'm doing?" he said "You're trying to get out of paying us."
I told him that I need more time, like three months and he said that I was dreaming. He kept saying "what am I going to tell the lawyer?" He added a hostile threat that if I did not pay in 24 hours he would say I am in non compliance, what ever that means and bring some legal action against me. I have intention to pay and I have called them back after I said I would and they are pushy towards me and threats? The one sided conversation ended with him threatening me that if I did not send him 250.00 in 24 hours he would tell the lawyer that I am refusing to pay and he will bring legal action against me.

#15 10-18-2007, 02:48 PM

I am going through the worst experience with these people. They are talking down to me, and DO say they are a "law office." That the lawyer is coming down on them because of my account. They even hung up on me when I said i didn't feel comfortable giving them my bank information, and could send a check with the correct amount. They are unprofessional and i still can't figure out if they are legit.

FYI · #16 10-18-2007, 04:25 PM

Depending on how old the debt is they are likely making 50-60% off of what you are going to be paying on.

collection agencies and law firms do not have to accept proposals from debt consolidation companies.

A collection agency can not threaten you with an action that they do not intend to take. It is against the law.