How could they know this??
Date: Mon, 10/13/2008 - 20:50
The guy was trying to convince me to refinance my house to pay the citicard. And he said to me "I see you only owe $159,000 on your home and it's worth $165,000".
First of all. How does he know what I owe on my home? And secondly, how does he know what my home is worth??
My home was appraised 2 years ago at $178,000. However, a major flood in my basement left it mostly destroyed, home values in my area are down, along with a few other minor problems. There is no way my house is worth that much now. It isn't even worth $165,000. My guess is that it's barely worth what I owe on it!
But how would he know what it's worth? And if they try to sue can they claim my house is worth that much and try to sue me and take my house?
I'm confused about this whole process. I've been told that NES can't sue because they are just a collector, but I figure there is no harm in asking what the worst case scenario is. I sent them a DV letter, so I'll see what happens as this unfolds.
Relax, your credit report will show the outstanding balance on y
Relax, your credit report will show the outstanding balance on your mortgage and there is a web site called Zillow that gives a value of any home. You put in the address and it takes the value of house in your area based on previous sales and such and gives a value range.
Also they can't take your house because the bank has to be paid first when it is sold and the remaining money is then paid to any other leinholders.
You would also be able to exempt part of the proceeds under the homestead act.
Cellular is right. Just relax...I had a dc call me one time and
Cellular is right. Just relax...I had a dc call me one time and tell me they were going to sue my husband and I for our house, his business, our cars etc... I completely freaked out! Now, I know, as you will, that all that is COMPLETELY untrue!
I'm not familiar with NES but I will tell you that dc's can't sue you...your account has to go to a lawfirm. Once a lawfirm has it things usually get even nastier but they are just threats (and typically they violoate the crap out of the fdcpa - read that if you haven't already!!! In fact, a dc violates the FCDPA if they are impersonating a lawfirm stating they will sue you).
Anyway, if you do get to the point where you are actually being sued make sure you show up to court. Worst case scenario is that they would garnish your wages (and that depends on what state you live in, whether or not they can do that and if they can then what percent)...2nd thing they could do would be to put a lien on your house.
Either way, you're not going to lose your house or anything like that.
Don't let these jerks scare you. File a report on them to bbb, federal trade commission and your local attorney general. It's crap that these people get away with doing what they do.
You've come to the right place for help. Good luck, it's going to be okay. ;)
Thank you so much. I've calmed down a lot since the phone call.
Thank you so much. I've calmed down a lot since the phone call. I've reported them to the FTC and my state attorney general. I'm considering getting a lawyer. Not only did they threaten to sue, they also said they'd have my husband charged with Theft of Services. Which is a criminal charge not a civil one. Unfortunately I do not have the calls recorded as PA is a two-party state, but I'm going to contact a lawyer and see what can be done.
Send them a follwo up DV request. At the bottom in big bold let
Send them a follwo up DV request. At the bottom in big bold letters:
[center:ef8f2bdb7a]ALL CALL TO MY HOME AND CELL PHONE ARE RECORDED[/center:ef8f2bdb7a]
Once they sign for the DV, they have been informed you are recording so no further notification is needed. If they call again after recieving your DV, they are consenting to the recording.
Or, if you call the CA and you get the little disclaimer "calls
Or, if you call the CA and you get the little disclaimer "calls may be monitored for quality purposes/training" then you have their agreement right their. That along with you know that you're recording your own calls should satisfy the 2-party requirement.
I would definitely take nascardevil's advice and send that DV letter with the statement at the bottom. Just to cover all your bases.
