Debtconsolidationcare.com - the USA consumer forum

Still recieving calls

Date: Thu, 03/15/2007 - 17:43

Submitted by anonymous
on Thu, 03/15/2007 - 17:43

Posts: 202330 Credits: [Donate]

Total Replies: 12


I was on this board back around december ,I told you guys that my daughter owed a lot of people and eventually she came home.I have had calls from collection agencys asking me to pay off her debt since she want talk to them and I tell them no.Now the collections agencys had the nerve to tell me they can take me to court and make me pay for her bills.She is 26 years old and made all of these bills 3 years ago with no co signer,so how in the world am I responsiable for her debt?


You aren't, and they are violating the FDCPA by disclosing her debt to a third party, and making threats they don't intend (nor can they) to carry out. If she doesn't want to be called, she needs to send a letter, return receipt, stating that they can only contact her through the mail. I would advise your daughter to try to deal with her debt, avoiding does not usually make it go away, and it often makes for a far worse situation.


lrhall41

Submitted by Morningstar on Thu, 03/15/2007 - 17:54

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I did not think I was responsiable and I can't for the life of me figure out why collections agencys would tell people things like this.I know they have a job to do and that is to collect the debt but to tell someone a lie or something that sounds so far off doesn't seem right.


lrhall41

Submitted by on Thu, 03/15/2007 - 18:04

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Any more, a lot of these people seem to have no cooth (sp). There is a lady here that I know that went to work for a collection agency and quit after a couple of days because of them wanting her to do this. She said she could not in good concious talk to people like they wanted her to talk to them. They told her the bottom line was money and it didn't matter how it was gotten as long as it was gotten and they didn't care whether the people had money to pay anything else that that was not their concern. They told her the more money she got the more money they got which meant the more money she got and that she had to put her personal feeling aside. She said she asked one of them would they do this to their own mother and he said yes, if it meant more money in his paycheck. It is very very sad!


lrhall41

Submitted by 2nband on Thu, 03/15/2007 - 18:50

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You know, I have done many things for money; even cleaning toilets and working fast food--but I have never and will never, stoop to the level of some of these collection agencies. After reading some of these posts about the horrible business practices that are out there in some (not all) of these agencies, I honestly think working a corner would be better.
Just my two cents.


lrhall41

Submitted by kscornell on Thu, 03/15/2007 - 18:56

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Are you sure that your daughter did not list you as a co-signer? I know that a debt company can contact the spouse of the person but not their parent based upon the Fair Credit Act. Have you checked your credit report recently? I don't understand why these companies would contact you concerning paying her debt unless you were listed as a co-signer. Go pull your credit report. If there is nothing listed, tell them to move on. If you need any further assistance, I would send each of them a cease and desist letter requiring them not to contact you regarding the debt or have their numbers blocked.

I know that this may be a personal question, but has your daughter thought about paying the debts that she owes? Has she made arrangements to pay these companies and what is the statute of limitations in your state regarding how long you have to pay a debt.


lrhall41

Submitted by Alexandra on Fri, 03/16/2007 - 00:43

( Posts: 544 | Credits: )


$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ is the answer to why debt collectors break the law time and again. They get paid to collect it. Many of their checks are completely or for the most part commission. Therefore they have incentives to get anyone to pay the debt. They do not care if you owe the money, if your daughter owes the money or if some guy in a different state owes the money. They just want yours! They put $$$$$$$$ above all decency and your legal rights. In their computer you are a number with a dollar sign attached. Turn the tables on them.


lrhall41

Submitted by texaslawyer on Fri, 03/16/2007 - 14:36

( Posts: 258 | Credits: )


Alexander-I am positive I am not a co signer for her,I have checked my credit reports from all 3 agencys and I have always said I will never co sign for anyone.As far as getting her to pay her bills she always says to me that the collecters have to do what they have to do she doesn't care if they take her to court,as she say's you can't sqeeze blood out of a turnip - another words she has no money.I guess she is hoping the sol will run out and she keeps talking about finding a cheap way to file bankrupcy.
Someone told her to go to legal aid and try,anyway I can not talk to a 26 year old she thinks she knows more than dear old mom.


lrhall41

Submitted by on Sat, 03/17/2007 - 07:38

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Wouldn't a co-signer have to had sign something to be a co-signer? Hence the word co-signer.
Weren't we all smarter than our parents at that age? We will never say or do to our children what our parents said and did to us. Then one day the exact same words come out of our mouths! And the cycle continues! Don't worry mom, this is not your financial issue.


lrhall41

Submitted by on Sat, 03/17/2007 - 10:42

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I just want to be sure that she didn't have you listed as a co-signer. That happened to my aunt once when one of her kids put her down as a co-signer for something she didn't co-sign for.

I found something that might be able to help you Brenda. Do you know that they are not suppose to be discussing the debt with you unless your daughter was a minor? Under the Fair Debt Collection Practice Act, it states:

[quote]???? 805. Communication in connection with debt collection [15 USC 1692c]

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION. If a consumer notifies a 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, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. [/quote]


You might want to explain these things to your daughter as well. She has rights as well just as much as you do.

I hope this helps.


lrhall41

Submitted by Alexandra on Sat, 03/17/2007 - 12:03

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