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Illegal Collection Tactics

Date: Tue, 07/07/2009 - 16:08

Submitted by anonymous
on Tue, 07/07/2009 - 16:08

Posts: 202330 Credits: [Donate]

Total Replies: 16


I have 2 collection agencies calling me. One claims to be a from nicolio law firm. They are threatening with court, effecting my drivers liscense, and stating they are investigators. I understand that these are my debts I need to pay but I'm in
a bad financial situation now. And these people are, in my mind, harrassing me. I've lost sleep and shed tears over these 2 companies.The debts were sold to these agencies. I understand that I need to pay but do I have to send money to a Collection Agency that use illegal tactics?

And if you offer a collector money and they say that it is not
good enough is that not considered paid in full?

Please help!


I have the voice mails saved where they state these claims

I don't have enough to pay half the debt with current situation if they don't take the money what should I do?


lrhall41

Submitted by on Tue, 07/07/2009 - 17:49

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We are really struggling with our credit card debt. I am a realtor that has been struggling for the past few years with my business and have relied heavily on our credit cards for business and personal expenses that HAD to be paid. Now we are buried up to our eyebrows and are rapidly sinking. Is there any way we can negotiate out of some of our debt and get on one payment plan and NOT hurt our credit???? Please help before we go under.


lrhall41

Submitted by on Thu, 07/09/2009 - 17:57

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According to FDCPA, the federal debt collection practices act, a collector cannot threat to file suit unless its A: legal and B: intended. I would consider these threats legit since they're saying them. Also, the idea is to get a balance in full. In negotiations, after an offer is made, do not speak. This is a psych pause b.c silence kills the conversation. The 1st speaker is the loser of the negot. Push for a plan that includes a 15% down and balance in full in 12 mths. This a good starting pt as a consumer. Good luck!


lrhall41

Submitted by on Thu, 07/09/2009 - 18:51

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According to FDCPA, the federal debt collection practices act, a collector cannot threat to file suit unless its A: legal and B: intended. I would consider these threats legit since they're saying them. Also, the idea is to get a balance in full. In negotiations, after an offer is made, do not speak. This is a psych pause b.c silence kills the conversation. The 1st speaker is the loser of the negot. Push for a plan that includes a 15% down and balance in full in 12 mths. This a good starting pt as a consumer. Good luck!


lrhall41

Submitted by on Thu, 07/09/2009 - 18:51

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I met with the lawyer on friday and she made recordings of the voicemails left me. The one company clearly broke the law and she wants me to put everything in writing.The second company that falsly identified themselves and stated they werer filing on me effective 7/7/2009 they have 7 days to file on me by law if they haven't filed by tomorrow then it becomes a threat and illegal.


lrhall41

Submitted by on Mon, 07/13/2009 - 09:55

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Don't fall behind on this MOM! Get them! The more people like you who learn thier rights and fight back, then maybe one day these collection tactics will be a thing of the past.

The more people fight back, the more their bottom line is effected.

I can't wait for the day that collectors are paying out in fees and lawsuits more then they are getting in!


lrhall41

Submitted by goldenbast on Mon, 07/13/2009 - 12:17

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Your in Texas??? oooh you have so much on your side! Texas has very aggressive collection laws...if you ask for validation they HAVE to provide it in 30 days or they MUST remove the entries from your credit file. They also must stop all collection activity until they provide validation. PLUS, if they violate those laws it is also considered deceptive trade practice and when you sue, you can sue for triple the amount!

Please look up Texas Finance Code (debt collection laws) and Texas Business and Commerce Code chapter 17. Its a ton of good stuff. Good for you, VERY bad for them!


lrhall41

Submitted by goldenbast on Mon, 07/13/2009 - 12:54

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