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Posted: Mon Jul 07, 2008 10:19 am Subject: Collection Agencies Legal?

When collection companies call and harass you it's because they have bought your debt from whoever you originally owed. They pay pennies on the dollar in the hopes that they can collect the full amount and make a killer profit. That is why they tell you you can only make the payments to them, not to who you had your contract with. Now, since they bought your debt, that means they took it upon themselves to pay it off. So now you supposedly owe the debt to them. Now here's my question. If they can not produce a contract with your signature on it, stating that you owe them...the collection agency, then how can they legally hold you to the debt? You didn't ask them to pay off your debt, they did that all on their own. I've heard from many sources, including attorneys, that without said contract the collection agencies can not legaly force you to pay them.They collect simply because they harrass and scare people into paying. Any thoughts on this?

Posted: Mon Jul 07, 2008 10:43 am Subject:

Hello and welcome! Actually, their first initial contact with you by USPS should be a dunning letter. In that letter, it will state they are attempting to collect a debt and you have 30 days to dispute it, at which time you should send them a validation letter that requires them by Federal law (Federal Debt Collection Practices Act) to verify they own the debt, and the debt is actually yours. If you refer to the FDCPA regarding validation, it will give you a more in depth explanation of how it works and what to expect as proper validation. Also, during this validation period, they can NOT continue attempting to collect until proper validation has been received by the debtor. Smile

Guest · Posted: Mon Jul 07, 2008 10:53 am Subject:

Its actually called the Fair Debt Collection Practices Act.

Posted: Mon Jul 07, 2008 12:06 pm Subject:

Thses are just my thoughts so I would suggest you "check your feelings at the door":

Posted: Mon Jul 07, 2008 12:54 pm Subject:

spirithawk · Posted: Mon Jul 07, 2008 3:33 pm Subject: Collection Agencies Legal?

The problem is that I'm a disabled Vietnam Vet, honorably discharged I might add. 100% and permanent disabled. Even though my doctor and I filled out and signed the forms, Synerprise asked us to, they are ignoring the fact I'm disabled and want the same forms filled out, signed and mailed back over and over and over again. As you may know, doctors get rather testy when their integrity and expertease is questioned. Particulary by someone not a doctor. My doctor's response was, "What part of permanent and total do they not understand?" Synerprise even went as far as to send me a letter saying that they confirmed I'm working and intended to garnish my wages. Neat trick since I haven't been able to work for over 20 years! Even if I was able to pay, which I can't, would you send payments to someone you've caught in multiple lies?

Posted: Mon Jul 07, 2008 3:35 pm Subject:

You should contact a lawyer in your state that sues collection agencies. Sounds like they have crossed the line one too many times and you might as well get paid for their ignorance. That pisses me off when collectors harass disabled veterans who fought to defend these ignorant peoples right to have the freedom to be scum bag collectors. What state do you live in ? I would love to help you find a lawyer who can sue them.

spirithawk · Posted: Mon Jul 07, 2008 3:45 pm Subject: Collection Agencies Legal?

Just wanted to add, there is absolutely no question of my being total and permanantly disabled. It has been confirmed multiple times by both VA and private doctors as well as the entire Cardiology dept. of Barns-Jewish Hospital in St. Louis, Washington University in St. Louis, and Skaggs Cardiology dept in Branson, Mo. Even three seperate Missouri State judges confirmed it and ended by asking the same question as my family doctor, " What part of total and permanent do you not understand?"

Posted: Mon Jul 07, 2008 5:15 pm Subject:

Does this JDB have a judgement against you? That's the only way they could even begin to think of a wage garnishment. What state are you in?

Spirithawk · Posted: Mon Jul 07, 2008 11:02 pm Subject: Collection Agencies Legal?

I live in Missouri.

Posted: Tue Jul 08, 2008 12:35 am Subject:

I think you should go through the page “Fair Debt Collection practices Act – FDCPA” which will give you an idea about the limits of collection agencies.

Posted: Tue Jul 08, 2008 5:41 am Subject:

Do you have a judgement against you?

Guest · Posted: Tue Jul 08, 2008 5:49 am Subject:

HI Spirit-did you also post as "bigeerider"? This case sounds familiar and are they trying to collect on a student loan?

If so, you've got a thread in the Student Loan forum too, just fyi.

Posted: Tue Jul 08, 2008 6:08 am Subject:

Synerprise in Dallas? Have you filed complaints with the MO and TX AG's, the FTC and the ACA?

Guest · Posted: Tue Jul 08, 2008 8:18 am Subject:

Here is what Soaplady, a mod in the Student Loan forum wrote on your first post. Please remember that they do need to follow the FDCPA, but student loans have no SOL.

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