logo

Debtconsolidationcare.com - the USA consumer forum

dealing with pdl aftermath

Date: Sun, 12/07/2008 - 05:38

Submitted by susie_q
on Sun, 12/07/2008 - 05:38

Posts: 34 Credits: [Donate]

Total Replies: 4


Good Morning everyone! A few days ago, one of my pdl's called and again asked about the status of my bankruptcy, and what I was going to do about my check. For what seemed like the millionth time, I explained why I could not file bankruptcy, and, why I did not have the money to pay this loan. Then she said they'd turn it over to an attorney. I told her that criminal action was prohibited, which she knew. But then she said that I'd owe even more money then, and they'd garnish my wages. I reminded her that I live on social security, and, I said, you can get a judgment, but you won't be able to collect it. You know, who in their right mind wouldn't pay these people off? If they could?! But with 5 storefront pdl's, none of them are willing to be the one who has to wait! I basically informed her that I knew how to handle this situation, and what to do when they tried to attach my exempt funds. All she said then was that we'd go from there. Yes, I guess we will!!! In the meantime, I'm sending out c&d letters to all of them! According to the fdcpa, communication of any kind(except notification of legal action) is supposed to stop then.


Quote:

I'm sending out c&d letters to all of them! According to the fdcpa, communication of any kind(except notification of legal action) is supposed to stop then.


FYI, the FDCPA only applies to third party collectors, not the original creditor. I would make sure and revoke their rights to any wage assignments you may or may not have signed though. Out of curiosity, what is the name of this pdl who is making these threats?


lrhall41

Submitted by Shazzers on Sun, 12/07/2008 - 08:06

( Posts: 17344 | Credits: )


Cash Express. I'm going to look back over the fdcpa, maybe I missed something. The website I was on did not make a distinction between third party collector or original creditor. Thanks for the info! If we pay attention, it will save ourselves a lot of trouble!!!


lrhall41

Submitted by susie_q on Sun, 12/07/2008 - 09:47

( Posts: 34 | Credits: )


You are absolutely right, Shazzers! I went back through the various websites until I located the info. you'd given me. Thanks! Then I went to a consumer's web site, and submitted a question that will be reviewed for free by a local attorney. My income is social security, so it's exempt funds, but if they do pursue this,when the judgment is granted, I have to make sure to inform the courts that my income is exempt. Sometimes, with exempt funds, it can give a person a false sense of security. Although monies such as this are exempt, you still have to be alert to take the necessary steps to see to it that the creditors aren't allowed in the back door!!!!


lrhall41

Submitted by susie_q on Sun, 12/07/2008 - 10:12

( Posts: 34 | Credits: )


Yes indeed, you must look out for number one, no one else is going to! For others who may be interested in the fdcpa, below is info regarding debt collecting.

[quote]What debt collectors Are Covered By The Act

The act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law.

In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit card, and the store's own collection department contacts you, the FDCPA does not apply. However if the same store uses an outside collection agency to contact you in relation to that same debt, the outside agency's conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA may apply to them as a result of that representation.

Please note that there may be other laws in your state which restrict the conduct of in-house collection agents.[/quote]


lrhall41

Submitted by Shazzers on Sun, 12/07/2008 - 10:27

( Posts: 17344 | Credits: )