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Making Payments--Can they still sue?

Date: Wed, 04/02/2008 - 13:47

Submitted by jcrab1
on Wed, 04/02/2008 - 13:47

Posts: 86 Credits: [Donate]

Total Replies: 48


I stopped paying on a Home Depot (Citibank) card that I had. I didn't pay for about 8 months. I then contacted them to make some type of payment arrangement. The account was then with Redline and they accepted me paying $50/month.

I did that for a little over a year and then I noticed that one of the post dated checks wasn't cashed. They told me my account had been moved to another agency (ARS National.

I contacted ARS to set up the same arrangement, but they told me they wouldn't accept $50/month. The only thing they would do was to settle out for $2700 or pay the $4700 balance in full. I explained that I couldn't do that and could only afford $50/month.

They wouldn't accept this, but since September I have been sending them $50/month regardless. They are cashing the checks and applying the $50 to my account, but they keep telling me that this isn't acceptable as a payment arrangement. They said that my account will probably end up moving forward and they weren't sure what would happen with it. They were eluding to the fact that I would be sued, but wouldn't actually say those words.

I know that anyone can be sued at anytime for anything, but if I am faithfully sending a payment how can they do that? I am at least making an attempt. Any advice. I am concerned that I will have to go to court, but can't afford anything else.

I would assume that a judge would see that I am making an effort and be a little more sensative, but who knows.


I live in PA, so I know they can't garnish my wages. I guess they could freeze my bank accounts (not much in there anyway). My parents names are on my checking account and mine on theirs. Would they be able to touch my parents accounts? I thought I read somewhere that if there are mulitple names on a bank account, car title, etc. that they can't take it from you unless you both owe the debt. Is that true?

I do keep all my canceled checks from them, so I do have proof that I pay every month and every month my checks are being cashed by them.


lrhall41

Submitted by jcrab1 on Thu, 04/03/2008 - 06:21

( Posts: 86 | Credits: )


First, I have been in the collection industry for over 10 years. I was a nice person on the phone. I was not rude mean or intollerable. A lot of people think that when they make payments, it is ok and nothing will happen. The problem is, once it is outsourced, or goes to a collection agency, the amount is due in full. Most businesses give you about 6 months to a year. That is the time to make the payments. If you pay regularly, and on time to the original creditor, chances are you will be ok...just try to pay it over a 6 month time frame. Once in collections, you have to be on an acceptable guaranteed payment plan. That means that you pay it over a time frame, if not in full or settled for a lesser amount. the 50.00 a month thing is usually NOT acceptable at this point and time. And, if you miss a payment, then you have broken your agreement and the original creditor can, if they choose, take further action, depending upon your state laws. Also, there are several types of collections: first party, third party and commercial. The first party and commercial DO NOT follow fdcpa. First party is usually the company that owns the debt. Commercial is usually a business to business contract. Third party has to follow the FDCAP because it is contracted out by the original creditor. No matter what you do, the debt will NOT go away. The calls can stop and the letters, but the debt is still there. And just because people think "oh it will be off my credit in 7 years" that does not work either. Honestly, the best thing to do is be nice and try to work something out with the debt collection service. Hope this helps.


lrhall41

Submitted by on Fri, 04/04/2008 - 05:41

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[quote=consumer1]Also, there are several types of collections: first party, third party and commercial. The first party and commercial DO NOT follow fdcpa. First party is usually the company that owns the debt. Commercial is usually a business to business contract. Third party has to follow the FDCAP because it is contracted out by the original creditor.[/quote]

Bull. Let me 'splain it, simple-like. There are three parties that come into play on consumer debt issues. That's why they're referred to as first, third, etc. Those parties are:

First party: The original creditor. The person or company that lends the money.

Second party: The consumer. The person who borrows the money.

Third party: Anyone else. The original contract is between the original creditor and the consumer. Anybody else, be it a collection agency, junk debt buyer, or the kid down the street is third party. As such, they are all bound by FDCPA. A junk debt buyer cannot ever be first party, unless the consumer has a contract with them. They didn't come into the picture until long after the original contract was signed. Thus, they cannot be a party to it.


lrhall41

Submitted by unclewulf on Fri, 04/04/2008 - 15:46

( Posts: 3172 | Credits: )


You explained that well, WULF!! NOW.........if u DID make payment arrangements with the Creditor and something happened where u JUST couldn't keep that arrangement. And the Creditor turned it over to a CA. You KNOW, at this point in time, you JUST can't make arrangements and u try to explain this over the phone. I know CA's don't have to 'work with you', but..what do u do in a situation like THIS??


lrhall41

Submitted by sdchargers_63 on Fri, 04/04/2008 - 16:10

( Posts: 1798 | Credits: )


I KNOW I owe this debt. I just want to take care of it. I've been trying to find out who 'owns' this debt NOW. God...what a pain in the ____!!!!


lrhall41

Submitted by sdchargers_63 on Fri, 04/04/2008 - 17:10

( Posts: 1798 | Credits: )


Consumer 1, so obviously if an account went to collections there was or is a financial difficulty. If after taking care of my basic needs (rent, utilities, food, transportation for work) if all I can afford is $50 and the collector wants a bill paid within 3 months (so whatever u owe divided by 3) if that number is somthing like $400 what are you supposed to do? You are trying to be a responsible consumer and fix a financial mistake or recover from a financial hardship but this is saying what I have to give isn't good enough. As a consumer with some bad debt trying to repair, its almost like a punishment(as if not being able to own a home, buy a car or get a student loan isn't bad enough). I get treated the same as someone who just wants to hide and wait until the statue of limitations runs out simply because the person handeling my case wants a big bonus at the end of the month. Business is business and everyone with credit should try to be a good consumer but at the end of the day once that big bank sells that account to a collection agency the business can right off bad debts at tax time so its the collection agency that is trying to collect huge dollar amounts.


lrhall41

Submitted by on Fri, 04/11/2008 - 16:58

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all righty then,i guess my troll and spam detector does not need to go into the shop for repairs.


lrhall41

Submitted by paulmergel on Sun, 04/13/2008 - 07:11

( Posts: 15514 | Credits: )


My boyfriend and I shared a bank account. My boyfriend defaulted (due to lack of debt knowledge and fear) on a judgment for his Target Visa account (which I was not on as a user or co-owner), which was handed over to Cohen & Slamowitz. Cohen froze our joint account a withdrew $600.00.

Can that be done, since it is a joint account and I have no connection to the Visa card?


lrhall41

Submitted by on Thu, 06/05/2008 - 20:16

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Personal attacks and advertisements are prohibited per forum rules, please refer to TOS for more information.

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~JCEMT


lrhall41

Submitted by on Sat, 08/02/2008 - 22:30

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I think ya'll are mad because he advises everyone that
ALL debt collectors are SCUM BAGS and not to talk to them or say as little as possible........
he exposed the entire industry and tells all that debt consolidation is something you can do on your own and save yourself a ton of money and ya'll here don't like it cuz it's costing ya $!!!!!!!!!!!!!!


lrhall41

Submitted by on Sat, 08/02/2008 - 22:34

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Posted: Wed Apr 02, 2008 4:09 pm Subject:

--------------------------------------------------------------------------------

"I think they're blowing smoke up your . " uncs comment and socks posted a pictorial of uncs comment?....
I think soks responded to uncs comment and got attacked? I am sorry that person left this site from my site search ? I liked their pics and humor? anyone else? or all they all gone now who were here when socks was?


lrhall41

Submitted by on Mon, 04/20/2009 - 00:46

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I think they're blowing smoke up your ass

original comment by mod unclewulf that prompted the response from socks and then wulf accused of being on crack? ....he said blosing smoke up your ass and sox posted pics? NO WONDER so many left?!!!!!!!!!!!!!!!


lrhall41

Submitted by on Mon, 04/20/2009 - 00:51

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PEOPLE ON THIS SITE ALWAYS !!!!!!!!!!!!!!!!!GANG UP AND WRONGLY!!!!!!!!!!!!! ATTACK AND RUN OFF VERY GOOD MEMBERS WELOSCME TO THE DCC WORLD HELL-OOO? HEE-HEE I MISS A LOT OF THE MEMBERS WHO ARE NO LONGER HERE BECAUSE SOMEONE WHO RAN THEM OFF ARE NO LONGER HERE AS WELL!!!!!!!!!


lrhall41

Submitted by on Mon, 04/20/2009 - 01:01

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