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wondering if this company did something wrong?

Date: Sat, 10/23/2010 - 18:50

Submitted by pill0wxtalk
on Sat, 10/23/2010 - 18:50

Posts: 8 Credits: [Donate]

Total Replies: 4


So, my MIL got a message on her answering machine asking for my husband to call back. I didn't know what it was for, since they called her on her business number so I called back for him. It was ECA collection agency for a Plains Commerce Bank cc that was 400 something overdue. I first told him that he called my MIL and that was not our number and to please not call again. He then asked me if we were employed and I told him that we weren't and he asked why. I told him I was pregnant.. then he asked how long my husband has been unemployed and I told him since 2008 and he asked if that was why he hadn't paid and I said I didn't know.. then he asked about my MIL's bakery and if we helped out there and I said no and he kept asking me repeatedly if we did? Then he said that we needed to pay that off because they were going to sue us and get a judgement and that it would stay on his credit for 20 years and that we didn't want that. He said he could do a settlement of 351 and I said only if I could pay in payments and to put it in writing.. he said he couldn't put it in writing but could send me an email.. and that the agency didn't want the debt anymore and that the first payment had to be received by the 29th and that they wanted a postdated check for the other payment as well. I don't think he was allowed to ask what he did.. then we got a letter in the mail threatening a law suit again.. was any of this against the fair credit act?


Depends...and none of it appears to be against the FDCPA provided they have the intent to sue you.

What state are you in? Only certain states have judgments SOL's of 20 years, most are 10. Would depend on how he worded up "up to 20 years"??

Do you owe the debt? Have you sent in a DV? Or verified with the creditor that this CA has a right to collect it?


lrhall41

Submitted by SOAPLADY on Sat, 10/23/2010 - 21:38

( Posts: 17315 | Credits: )


We are in Michigan, which I think the SOL is 7 years? He said "if you don't pay this, then the credit card company has given us permission to get a judgement against you and that will ruin your credit and stay on your credit report for 20 years.. I don't think you want that, do you?"

I mean, are they really going to sue for 400 dollars? It seems like it would be more a hassle than that.. and I have no problem settling with them for an amount that I agree with.. I mean the card was only 150? I told him i'll settle for 200 and i'd like to make it in payments and he said that wasn't possible and that I had to pay the amount they give me and when they tell me to.


lrhall41

Submitted by pill0wxtalk on Sat, 10/23/2010 - 21:58

( Posts: 8 | Credits: )


SOL on judgments are 10 years renewable for another 10 years.

Yes they can sue on $400....you pay the court and legal costs so it is really no hassle for them. That could easily double your account balance.

When you settle an account, you do it in a lump sum payment, especially with a balance as low as yours. By definition you cannot make monthly payments to settle an account.


Michigan Statutes of Limitation [INDENT] Breach of Contract: 6 years, (MCL 600.5807(8).

Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).

Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).

NOTE: Another state's limitation period may apply check statutes carefully.
[/INDENT]


lrhall41

Submitted by SOAPLADY on Sat, 10/23/2010 - 22:17

( Posts: 17315 | Credits: )