UCB CA
Date: Sun, 06/07/2009 - 10:59
I called today to make payment arrangements of $10.00 a month because it is my debt and I did make some payment to the OC, but I absolutely abhor paying a CA. They told me the debt was priority status and they would only break it up into 2 payments. It was some person I could hardly understand. He asked why I couldn't send more and I told him I was not working. He then asked the name of my husband (I'm divorced) and where I was getting my money (from my dad), which I told him were none of his business. He also acted like he didn't like the fact I was sending a money order, I guess because they wouldn't be able to raid my checking account which I understand they're famous for.
Anyway kind of wish I hadn't have called them, but plan to send a letter stating the payment arrangement in writing and a statement that if they cash the money order it will be considered acceptance of the payment arrangement. Would this stand up in court if they decide to sue me? Thanks.
P.S. I also got 2 letters from their "in-house" attorney Alexandra Vaneck and sent 2 DVs to her and got the same printout. The same person signed for all 4 green cards. I called the OC and they will not take the debt back.
I'm just really stressed out about this. I'm about to start a job as an IC. If I'm sued and they garnish, I'll lose this job.
first off, if I recall correctly, an employer cannot fire you be
first off, if I recall correctly, an employer cannot fire you because of a wage garnishment. I would definitely double-check that before you assume the worst.
Second, do you really think that an employer would dump you because you owe $300 and fell upon hard times? Welcome to the modern economy, where people are losing their jobs, houses, and credit ratings in record numbers. I dont really think you have much to worry about when it comes to the job.
Next, tell me about this "ledger printout". In order to satisfy the requirements for proper validation, the proof they send you MUST come from the original creditor. It cannot be some "in-house" debt collector-generated printout. Where does this ledger page come from? If you cannot tell whether that's original creditor paperwork or not, then you need to clarify this before paying anyone anything.
Finally, if they have proven their case, dont let them bully you into anything. It is this simple--I would simply say "look, do you want to get paid on this or not?"--I guarantee you that while they claim they cannot take a small monthly payment, if you send it they WILL cash it. The one and only reason why they claim this is "priority status" is because they want to get paid NOW. Tell them to piss up a rope--youre the one paying this debt and your financial situation right now is none of their friggin business. Tell them that they can either accept what youre offering or take nothing--it's their choice. They arent likely to put up too much of a legitimate fight because in the end if you truly have nothing to give them they know they cannot get anything from you. Suing someone over such a small debt almost seems like a complete waste of their time, and even in the unlikely event that they did decide to sue you, it would take a long time, and you would be able to show the judge that you made effort to work this out and pay it but they refused.
Also, one more thing--you need to check into this before you act on it. Many states have a law that states that if you send a debt collector a payment and they refuse the payment, that it makes the debt null and void and they are no longer entitled to collect that debt. Check into this, and if your state has this law, then send them your $10 a month. Let them refuse the payment if they choose to, and then inform them that due to their refusal to accept the payment in accordance with that law the debt is no longer collectable. Make sure that EVERYTHING you send them is sent certified mail, return receipt requested. That way you will have all the proof of your dealings with them.
Thank you for your response. The bill was for anesthesia for su
Thank you for your response. The bill was for anesthesia for surgery I had in January 2008. The ledger is actually a copy of the statement from the billing company of the anesthesia consultants and it has the billing company's address, not the anesthesia consultants address if they have one. This is the first time I was given an address of the OC from the CA. It has the charge, my 3 payments and then a debit marked external collection which zeros out the account. It has my name and address. It looks to be a copy of a fax from the billing company. I already contacted the billing company and they would not accept payment from me, but referred me to the CA.
When I told him his personal questions were none of his business, he told me if I wouldn't cooperate they wouldn't be able to set up a payment arrangement. Then when I offered the $10 a month he said they would take my money but wouldn't consider a payment arrangement for $10 a month.
Concerning garnishment I don't know if an independent contractor has the same rights as a employee.