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collection call

Date: Mon, 05/17/2010 - 09:46

Submitted by utlonghornfan
on Mon, 05/17/2010 - 09:46

Posts: 70 Credits: [Donate]

Total Replies: 19


Got a collection call this morning (its been 2 years) . . . they said the laws had changed in Texas and they were now filing paperwork to have my wages garnished. I told them I wasnt born yesterday and they should send me a validation of debt. They said if they did they would no longer be willing to settle with me... I said thats fine - but I still need it. They said since I wasnt willing to work with them they would just contact the judge and have the garnishment started..... Did I handle this correctly?? BTW, they wouldnt say who the debt was with except a payday loan company.


Quote:

Originally Posted by utlonghornfan
IT was Drake Clarke and Associates from Buffalo NY for a loan with ALCM (???). . . Anybody heard of them?


they are another buffalo chip bottomfeeding scuzz in NY.they can't garnish wages in TX period.even with a court order.what number comes up on caller id again?might be able to get an address to send the DV letter.in the meantime use that number to file AG,and FTC complaints.again bottomfeeder in NY that can't do spit.


lrhall41

Submitted by paulmergel on Mon, 05/17/2010 - 10:40

( Posts: 15514 | Credits: )


First of all soaplady, you're wrong. The do have to honor it and you don't have to do it by mail. It's just better if you do or at least follow up the phone request by mail. Secondly, who is the debt collector. Give me their name and I'll see what I can find out. Thirdly, they can't just go get a garnishment, it doesn't work that way. Last, make no agreements of anykind and don't give them your bank accounts or credit cards. One more thing, if you have one hook up a recorder to the phone and tape them the next time they call. Make sure you tell them, "I am recording this call" 9 out of 10 times they will hang up. If they are on the up and up they won't care, if they hang up their slime.


lrhall41

Submitted by Rick Stanley on Mon, 05/17/2010 - 10:51

( Posts: 13 | Credits: )


Quote:

Originally Posted by Rick Stanley
First of all soaplady, you're wrong. The do have to honor it and you don't have to do it by mail. It's just better if you do or at least follow up the phone request by mail. Secondly, who is the debt collector. Give me their name and I'll see what I can find out. Thirdly, they can't just go get a garnishment, it doesn't work that way. Last, make no agreements of anykind and don't give them your bank accounts or credit cards. One more thing, if you have one hook up a recorder to the phone and tape them the next time they call. Make sure you tell them, "I am recording this call" 9 out of 10 times they will hang up. If they are on the up and up they won't care, if they hang up their slime.


oh really rick?show where it says that.alot of bottomfeeders don't adhere to C&D or DV letters when sent in.that is why you send the letters certified mail return receipt.otherwise where is your proof?btw some states are 1 party.that means you don't have to tell them jack.you can record away.another btw,read the thread before criticizing.the OP has already stated the name of said collector.lastly texas is non-garnishment.meaning even with a court order they can't garnish or put a lein on property.also they need a bond in the state to collect period.this place does not.this place is slime btw,that is why the OP needs to do this right.not how you advised.


lrhall41

Submitted by paulmergel on Mon, 05/17/2010 - 10:58

( Posts: 15514 | Credits: )


No Rick...you are wrong. Sec 805 of the FDCPA
"(c) CEASING COMMUNICATION. If a consumer notifies a [FONT=Times New Roman,Times New Roman][SIZE=3]debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer"[/SIZE][/FONT]
[FONT=Times New Roman,Times New Roman][SIZE=3][FONT=Times New Roman,Times New Roman][SIZE=3][/SIZE][/FONT][/SIZE][/FONT]
[FONT=Times New Roman,Times New Roman][SIZE=3]Only work calls can be done verbally....all other calls must be ceased IN WRITING.
[/SIZE][/FONT]


lrhall41

Submitted by SOAPLADY on Mon, 05/17/2010 - 11:51

( Posts: 17315 | Credits: )


I am stressed out!! I just got a call from a "processor" stating that he was on the way to serve me with a summons. He said he would deliver it first thing in the morning but I should call the complaintant....who is Joe Willis from JD Enterprises. I call him and he says he is going to sue me over a payday loan with Quickest Cash Advance from November of 2006. He said I owe 873.53. This is the first I have heard of this. I asked him if he could please send me proof of the loan (I went through a time where I had like 3 payday loans out....I know...how dumb). Anyway, I just want to make sure that it is legitimantly mine. He says he doesn't have to prove anything and just reads me my email address and the address that I had. He says "Look ma'am you don't have good credit....if you had a good credit score I could see you disputing this". I told him that if he could prove the debt to me, I had no problem paying it. He refused. I told him that I would like to settle this outside of court. He told me that I would have to pay 1/2 of the amount today. I don't get paid till the first so that is out of the question. When I explained that to him, he said then I will see you in court....and hung up on me. I have read somethings about Quickest Cash Advance not being a legit payday lender. I live in Texas.....Can someone please tell me what to do....Am I going to be sued??


lrhall41

Submitted by on Mon, 05/17/2010 - 13:03

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I do work at a collection agency but am no way with the one stated above.........but i will say that we do have lawyers in Texas that are suing accounts.........not sure whether they are for garnishments or what, but we do sue accounts!! You can bad mouth collections but were not all bad ones..........I love helping people get out of debt, cause i was there once!


lrhall41

Submitted by on Mon, 05/17/2010 - 16:08

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Quote:

Originally Posted by Anonymous
I do work at a collection agency but am no way with the one stated above.........but i will say that we do have lawyers in Texas that are suing accounts.........not sure whether they are for garnishments or what, but we do sue accounts!! You can bad mouth collections but were not all bad ones..........I love helping people get out of debt, cause i was there once!


we neve said that was the case.there are alot of legit collection/recovery agencies that follow the FDCPA,and work for both the benefit of the client as well as the person in debt.however the ones who get mentioned here are the bottomfeeders.i never pigeonhole collectors,just the unlicensed scammers.again nobody said all collectors are bad,but if they are mentioned here.it's for a reason.


lrhall41

Submitted by paulmergel on Tue, 05/18/2010 - 05:19

( Posts: 15514 | Credits: )


Yesterday they called my daughter's IN-LAWS house. . . don't even know how they got their number but they clearly spoke with them regarding a pending lawsuit against me. . . I have already sent a C & D letter and a DV. Not sure what else I can do to make these calls stop. It is humiliating to have near strangers get phone calls. I have filed complaints with TEXAS AG and the FTC.


lrhall41

Submitted by utlonghornfan on Wed, 05/19/2010 - 10:07

( Posts: 70 | Credits: )