What can a debt collector do if I dont work?
Date: Thu, 09/13/2007 - 10:04
They can do nothing in your case. If you know who this collector
They can do nothing in your case. If you know who this collector is, send them my following letter to shut them up:
Quote:
Sample debt validation letter/ Cease and Desist Letter. Do not pay a collection agency any money without first sending this letter. If you have any questions, please contact Anthony. (Your name) (Your address Collection company name Company address (Date) Re: Acct# 00000000 To whom it may concern: This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: 1. What the money you say I owe is for 2. Explain and show me how you calculated what you say I owe 3. Provide me with copies of any papers that show I agreed to pay what you say I owe 4. Provide a verification or copy of any judgment if applicable 5. Identify the original creditor 6. Prove the Statute of Limitations has not expired on this account 7. Show me that you are licensed to collect in my state 8. Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following: 1. Violation of the Fair Credit Reporting Act-reporting inaccurate information 2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Thank you, Signature Printed name |
I am sorry to hear about your loss :( . Pay attention to Anthon
I am sorry to hear about your loss :( . Pay attention to Anthony's advice he is wise. :) If you have any other questions please let us know. Someone on this board will either have the answer or know where you can get it.
8) ladybug
Actualy they can do something. Do you live in a community proper
Actualy they can do something. Do you live in a community property state? Was any of the debt obtained durring your marriage or before? You are a home owner, just because you don't have equity doesn't mean they can't persue means to put a lein on the home.
If you are unemployed how are you supporting yourself and making mortage payments along with basic living needs? I'm not meaning to sound harsh but these are questions that will be asked even if they end up taking you to court. And I am not saying they will or won't.
They can not get a garnishment for any SSI or disability checks you may recieve.
I think she lives on dandelion leaves and rain water.
I think she lives on dandelion leaves and rain water.
That could be a healthy diet. Does it work well? I've been meani
That could be a healthy diet. Does it work well? I've been meaning to lose about 5 lbs to fit into some old jeans.
It's not an unreasonable question when dealing with debt. If someone isn't working and they have a mortage, how are bills being paid?
Since you are a property owner FYI is correct about the lein. I
Since you are a property owner FYI is correct about the lein. I would call that worst case scenario though. A creditor is probably not going to go through the trouble to get a lien on a property that does not have enough equity in it to cover the cost of even getting the lien. If they did get a lien it would make things difficult for you if you ever wanted to sell though. The lien has to be satisfied before you can transfer ownership or the SOL expires I believe.
How old is the debt? When did you last pay on the debt? What s
How old is the debt?
When did you last pay on the debt?
What state are you in?
Who pays the house payment, or where does the money come from that you make payments with?
You do have options, depending on answers to the above questions.
As to the house, it would depend on whether your state is a "hom
As to the house, it would depend on whether your state is a "homestead" state. If you are in a homestead state, there's nothing they can do about the house. FYI is right, SS and other retirement benefits are not garnishable, but beware, they might be after going into your bank account. Check your state law. Most states have a long list of exemptions from judgment.
She said she doesn't have a checking acct lawstudent! SInce it d
She said she doesn't have a checking acct lawstudent! SInce it doesn't seem she's coming back and Anthony has fallen asleep i figured i'd answer for her!
:D
ANg
So to sum up, it sounds like what FYI is saying is that a collec
So to sum up, it sounds like what FYI is saying is that a collector would need to look for any assets that the debtor has, be it a paycheck, checking account, etc. And if they have none of those, then they would go after something less obvious, like the home equity.
Thanks for the correction Ang. Looks like this collector would
Thanks for the correction Ang. Looks like this collector would be getting next to nothing.