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About collection agencies

Submitted by Morningstar on Sun, 03/25/2007 - 17:04
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About collection agencies


When collectors are trained, many call centers require that the agent not give up control of the call. They are trained to be assertive, demanding, and to talk over the debtor during an argument. They are also taught to refer back to any and all possible consequences of non compliance. It is illegal for them to threaten any action they do not intend to or cannot take (a common, illegal threat is to prosecute the debtor for fraud).

Collection agencies are not permitted to call excessively, although the law likely differs from an individual’s opinion as to the definition of excessive. Should you tell a collector that you are going to try to obtain the money in the next few days; the collector will schedule a callback. If you do not call back, the collector will do so starting from the scheduled time/date, and continue for approximately a week. If you have made a promise to pay an amount, the collector will again set a callback time/date. In the event the money is not received and you have not contacted the collector, they will conduct follow up calls, as frequently as twice a day for up to a week. Telling a collector over the phone to stop calling is not effective. To stop all calls, you must put it in writing.

Abusive, illegal tactics by collection agencies can include the following:
Contacting you at work when you have already informed the collectors that it is not permissible
Contacting 3rd parties after contact has been made with you
Disclosing or threatening to disclose information to 3rd parties (friends, family, neighbors, co-workers, supervisors, etc…)
Threatening to have you arrested
Reporting or threatening to report false information on your credit report
Threatening any other action they cannot or do not intend to carry out
Name calling (examples include deadbeat, liar, and thief)
Using profanity
Attempting to collect a debt, or the portion thereof, that is currently in dispute
Contacting you over the telephone after you have sent a letter revoking their ability to do so
Calling in excess of what the law (your state law or the FDCPA98, whichever is more strict) permits
Contacting you in any manner after you have sent a thorough cease and desist letter—except to inform you of any action now in progress, i.e., a lawsuit

In the event of violations, you must preserve your rights. File a complaint with the FTC, the state agency that oversees collection agencies, and/or obtain a lawyer. If the agency is based out of state, you may be able to file a complaint in their state as well.

One of a debtor’s rights when dealing with a 3rd party collection agency is to demand that communications cease. The debtor can demand to be contacted by mail only, or not at all. Should the debtor send a complete CND letter, it is advisable only when the statute of limitations has run out for the debt. Otherwise, the letter will be interpreted (assuming that it doesn’t blatantly state so) as a refusal to pay the debt. The collection agency/creditor may very well file a lawsuit, viewing litigation as the only way to receive payment. A letter restricting communication to letter form only, in many collection agencies, move the debtor’s account from a collector to the compliance department (or whatever the dept is named, that attempts to ensure that the law is followed regarding debt collection) or experienced collectors will prepare a letter for the account.

It is my personal opinion that any and all correspondence sent to the collection agency be sent using certified mail. This is to provide the sender with a return receipt, which may prove very useful evidence in the event you take the collection agency to court.

Many people wish to not work with the collection agency, and instead work with the creditor. A debtor may attempt to work with the original creditor as long as they still own the account. If the debt has been sold, then it is no longer possible to work with the OC. Some entities by policy refuse to work with a debtor once the account has been assigned to a CA. This is not limited to consumer debts, and can include taxes, student loans, tuition, traffic tickets and other civil penalties. Most collection agencies that are collecting assigned debts do so on a contingency basis, and may only settle on the OC's terms.

It is important to know that collection agencies can do the following:

-Require the full payment immediately
-Not accept partial payments
-When attempting to locate the debtor, they may contact 3rd parties to obtain contact info (neighbors, friends, family members, etc…)
-Sue you for the debt (if past the statute of limitations, the defense is expiration of SOL)
-Ask you for your employer, banking info, income, etc…you are not required to give this information to them
-Attempt to collect a debt that has passed the SOL
-Use power phrases, such as “refusal to comply/cooperate”
-Explain any and all possible consequences of not paying off the debt*
Many collection agencies will perform some level of negotiating.
Simplified examples of negotiations may include the following:

-PIF demand --> settlement of 2/3
Or,
-PIF demand --> ½ down, ½ in 2 weeks or a month --> ½ down, 2 payments of 1/4
Or,
-PIF demand --> 2/3 down, partial payment plan over 3-12 months
Or,
-SIF offer, limited time only

The older the debt, the lower a company may be willing to settle for, but no matter which collection agency is attempting to collect, they will likely use boiler room tactics. In other words, the money must be in by 2 p.m., end of the day, end of the week, etc… Whenever a debtor is told that the money must be in by 2:00 p.m. (sometimes 3 p.m.), it is often because any payments received after that time will be applied to the next business day’s collections. Towards the end of the month, the collection attempts often get more aggressive. This is because most collectors/collection manager’s bonuses are based upon some form of monthly productivity, and they are striving to reach or maximize that bonus check.

The terms will soften only over time, provided the CA does not aggressively litigate. After each offer you are given is rebuffed, the collector will likely press you harder by explaining possible consequences (and in the case of abusive collections, will threaten you with things they cannot actually do).

On accounts that have passed the statute of limitations, collectors will attempt to have you verbally acknowledge the debt, especially if the call is being recorded, or having you make a token payment. Even a minuscule payment, or a promise to pay, will restart the clock. A cease and desist letter that does not acknowledge the debt, but does inform the CA that said debt has lapsed is probably the best defense.

Some collection agencies will refuse all payment plan offers, accepting only the BIF. These most aggressive companies will only take the PIF, or litigate the matter. Unfortunately, if they are legally entitled to collect the debt, they then do have the prerogative to proceed this way. Even though it isn’t “right,” it is legal. Before suing you, a debt collector must have either bought the debt, or been assigned to collect on the debt by the entity that does own it. In the event a debtor has asked for validation and is sued prior to being given said validation, then the debtor should answer with a counter claim for FDCPA8 violations.

It might be worth noting a couple of other things. First, many collectors are rarely paid a good wage. They may be paid a few dollars above minimum wage, but have the incentive of a potentially large bonus check after exceeding the amount they are budgeted to collect. The bonus can effectively double or better their standard wages. A second interesting fact is that a good number of collectors end up with the job after having been collected upon themselves, even with the same office if they live in the area.


*There is a difference between giving possible consequences and threatening.
For example: A collector may explain that failure to pay a traffic citation can result in the driver’s license being suspended (if that in fact can happen). A collector may not state that he/she is going to suspend the license unless the debtor pays.

BIF = Balance in Full
SIF = Settlement in Full
PIF = Paid in Full
CA = Collection Agency
OC = Original Creditor
fdcpa = Fair Debt Collection Practices Act
FTC = Federal Trade Commission


I was in the middle of discovery and pretrial i sent the laywer a ceertified copy of my answer ( not all his intterogoties) plus a 2 page letter to validate my depth. The trial was suppose to be in 2/23 . I guess he didn't like my answer he filed ang a final judgement agains me for failure to answer his intterogoties. Can he get away with me not getting a trial never mind the pretrial.

Ron


Submitted by ronsimard on Fri, 01/29/2010 - 07:49

ronsimard

( Posts: | Credits: )


If you deal with Zwicker and associates for debt collection; get a lawyer. We just got a judgement against them, they are slime buckets and liars. We counter sued them and they settled; they had no choice because they lied.
Don't forget this advice.


Submitted by on Thu, 02/18/2010 - 14:56

( Posts: 202330 | Credits: )


Can a collection agency continue to charge interest if the amount was charged off by the OC? My account was charged off at $526 from the OC, but now the collection agency is charging me $875 saying that it has accumulated interests and that they will continue to charge interest until the balance is paid off. I live in Illinois, is the legal? Please help I'm very confused and do not know what to do. Thank you.


Submitted by on Tue, 02/23/2010 - 14:29

( Posts: 202330 | Credits: )


I received a collections letter today (Mar '10) from NCO Financial for my CapOne account. I was only "late" by one month (but I made a partial pymt). They jacked my rate from 7.9% to 23.15% for two late payments (Dec '08 because I lost the bill - paid right away when they called) and (Apr '09 was late by 3 days; when I called in they said if I paid my rate wouldn't go up, but of course it did). I am not even sure what my terms were (how many times and how many days to be late for the rate to go up), but a "change" that was effective May '09 (AFTER the 2nd late was made) said it would go up if two payments were 3 or more days late. The reps I spoke w/at Cap One gave me different answers, like it had to be at least 4 or 5 days late. Wasn't a big deal, as it was on a small balance. But in Feb '10, the 23.15% applied to my entire balance (over $7k), which included a balance transfer that was at 0% for 18 mos. My questions are: 1) Can they legally send me to collections when I am less than 60 days "late"? I made a partial payment in Feb '10 ($30) as I was on disability for 3 mos. My min. pymt had jumped from $130 to $220/mo. ($155 = interest). I told them I could not afford that and they need to bring the rate down. They put me on a hardship, told me there wouldn't be late fees for 3 mos., told me I could still use my card (which I haven't used for well over a year anyway), and would give me $100 credit if I got the account current. Next thing I know, I have $0 credit available and I'm in Collections!!! What a bunch of liars! 2) Can I ask them to validate the 23.15% interest rate? I asked them to send proof of the terms of my account when it made the jump, but what they sent had nothing to do with those terms. I HATE Capital One! 3) Should I ask the CA to validate or prove the debt (as suggested in prior posts)? 4) Will I be able to negotiate with the CA? 5) Will it at least drop the interest from 23% to 10% (I read here that's the max in CA)? By the way, the collection letter was dated 6 days before my next payment was due. I made a payment (again, partial) a few days ago online, apparently AFTER the debt was turned over to the CA. So apparently they (Cap One)will still accept my payments? Should I remove my bank info from my CC acct? Where does the payment I just made go?


Submitted by on Thu, 03/11/2010 - 19:39

( Posts: 202330 | Credits: )


Preferred Financial Services Corporation has been in business for almost seven years. This is an industry that has helped hundreds of thousands of consumers reconstruct their financial situation and to reduce their debt load. What most consumers don???t know is that they have a legal right to settle their debts for a fraction of what they owe. Preferred Financial Services continues to be a reliable service that a consumer can use to safely resolve their debts in a timely manner while protecting their rights and their privacy.
We can help you with any kind of unsecured debt such as credit cards, hospital bills, repossessed vehicles, personal loans or past utility bills. This program has helped consumers not only free up additional money for other issues, but also has helped our client???s credit worthiness & eliminated their debt completely. By focusing on excellent customer service, honesty, protection of a consumer???s best interest, saving the most amount of money, and most importantly; by making you debt free within a structured time frame, Preferred Financial stands out as an upstanding company that had been awarded certification & accreditation with the United States Organization for Bankruptcy Alternatives. This agency sets the standards for this industry.

--advertising with a number is against the TOS--


Submitted by on Wed, 04/28/2010 - 14:27

( Posts: 202330 | Credits: )


There is a petition to help stop these monsters-

www.petitiononline.com/nwchange/petition.html

Please SIGN and pass on. Everyday too many people are having their rights violated and their due process taken away. These reporting companies and the bureaus have a hand in controling your personal destiny and quality of life with their constant misreporting. The FDCPA and FCRA are not enough!! There is no way to enforce it and by the time you have time to act on anything many times the damage is already done (denial of credit, education, home, insurance...ect)

The only way we can ever change things is to step up and force this issue to our government reps-

SIGN!


Submitted by on Thu, 05/13/2010 - 04:48

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
If you deal with Zwicker and associates for debt collection; get a lawyer. We just got a judgement against them, they are slime buckets and liars. We counter sued them and they settled; they had no choice because they lied.
Don't forget this advice.

My friend just retained an attorney today and he is suing Zwicker for several different violations. First of all, a Rep discussed his account with me and I am just a friend. My friend's attorney said that it's just a matter of time before they are shut down.


Submitted by on Mon, 05/17/2010 - 14:39

( Posts: 202330 | Credits: )


My bank suggested that I try to get them to take a debit card or regular check and not an authorized withdrawal because it is VERY difficult to stop them if not impossible. I had to out a block on my account to stop one which cause my other checks to bounce and lots of NSF fees. Some creditors will not take a debit card. I know that citibank won't accept it if you are settling with them.


Submitted by SOK on Fri, 05/28/2010 - 11:54

SOK

( Posts: 23 | Credits: )


1.) If the SOL has expired on a debt, can the debt collectors continue to report this to the credit bureaus forever? If one keeps selling it to another, it seems like this could just continue.
2.) If I lived in AZ when I incurred the debt, but now live in TX which SOL do I have to abide by?
3.) If I send a collector a letter stating the SOL has expired on the debt, does he have to cease collections activities for the debt? Can he sell the debt to another agency even if it is beyond SOL?

Thank you!


Submitted by on Wed, 06/02/2010 - 12:32

( Posts: 202330 | Credits: )


Ok I have 2 collections on my report from AFNI, INC that I have no clue what its for.. but on the reports if doesn't have my account # so if I send them a letter of verfication of debt how do i identify who i am so they can do their research.. I sure don't want to put my SS # or do I?


Submitted by on Fri, 06/04/2010 - 11:15

( Posts: 202330 | Credits: )


Quote:

Originally Posted by texaslawyer
Well said. This is a good summary of the highlights of the fdcpa.


I have no debt and yet I am being harassed daily by phone calls from a debt collector (CBE of Iowa) who hangs up when I answer the phone and leaves a message when I don't answer.

All their message says is that they are a debt collector but they don't describe the debt. I have mailed a complaint to them, to the Better Business Bureau of Iowa, to my state Attorney General, to the Iowa Attorney General, and plan to file a complaint with the FTC. So far, CBE keeps calling every day.

Any other suggestions?


Submitted by on Thu, 06/10/2010 - 14:33

( Posts: 202330 | Credits: )


saseidel, unless it is court ordered, no they can not attach your pay. Pending on the state your are in, any seizure of your assets has to be done through the court. You might want to look at your state law, but I believe they have to obtain a judgement first, then if you still do not pay, they can do a garnishment. Good luck.


Submitted by on Tue, 06/15/2010 - 23:08

( Posts: 202330 | Credits: )


Quote:

Originally Posted by kevin mangum
At anytime you can mail the CA a stop and desist letter. This does not mean you do not owe the debit it just makes it so they can not call you anymore anywhere.


This has to be in writing, I know this much. But was wondering if you can send it via email. I have seen emails stand up in court, so was not sure if that was the case with cease and desist letters.


Submitted by Peter Stern on Fri, 06/18/2010 - 18:39

Peter Stern

( Posts: | Credits: )


Quote:

Originally Posted by Peter Stern
This has to be in writing, I know this much. But was wondering if you can send it via email. I have seen emails stand up in court, so was not sure if that was the case with cease and desist letters.


oh really?and how did an email stand up in court?unless the sender attached a receipt then maybe,but if not i would like an example of this if you please.


Submitted by paulmergel on Fri, 06/18/2010 - 18:42

paulmergel

( Posts: 15514 | Credits: )


Quote:

Originally Posted by paulmergel
please.there is a thread regarding preferred,and it is not complimentary.so blow your horn somewhere else.

Do you have any suggestions for a real one? thank you


Submitted by on Mon, 07/12/2010 - 14:11

( Posts: 202330 | Credits: )


Quote:

Originally Posted by cajunbulldog
Congrats on your first sticky.A very well put together topic.

what is the statue of limitations for how long a debt can be going????


Submitted by on Fri, 07/23/2010 - 10:17

( Posts: 202330 | Credits: )


About collection agencies


When collectors are trained, many call centers require that the agent not give up control of the call. They are trained to be assertive, demanding, and to talk over the debtor during an argument. They are also taught to refer back to any and all possible consequences of non compliance. It is illegal for them to threaten any action they do not intend to or cannot take (a common, illegal threat is to prosecute the debtor for fraud).

Collection agencies are not permitted to call excessively, although the law likely differs from an individual?€™s opinion as to the definition of excessive. Should you tell a collector that you are going to try to obtain the money in the next few days; the collector will schedule a callback. If you do not call back, the collector will do so starting from the scheduled time/date, and continue for approximately a week. If you have made a promise to pay an amount, the collector will again set a callback time/date. In the event the money is not received and you have not contacted the collector, they will conduct follow up calls, as frequently as twice a day for up to a week. Telling a collector over the phone to stop calling is not effective. To stop all calls, you must put it in writing.

Abusive, illegal tactics by collection agencies can include the following:
Contacting you at work when you have already informed the collectors that it is not permissible
Contacting 3rd parties after contact has been made with you
Disclosing or threatening to disclose information to 3rd parties (friends, family, neighbors, co-workers, supervisors, etc?€?)
Threatening to have you arrested
Reporting or threatening to report false information on your credit report
Threatening any other action they cannot or do not intend to carry out
Name calling (examples include deadbeat, liar, and thief)
Using profanity
Attempting to collect a debt, or the portion thereof, that is currently in dispute
Contacting you over the telephone after you have sent a letter revoking their ability to do so
Calling in excess of what the law (your state law or the FDCPA98, whichever is more strict) permits
Contacting you in any manner after you have sent a thorough cease and desist letter?€”except to inform you of any action now in progress, i.e., a lawsuit

In the event of violations, you must preserve your rights. File a complaint with the [URL="http://www.ftc.gov/"]FTC[/URL], the state agency that oversees collection agencies, and/or obtain a lawyer. If the agency is based out of state, you may be able to file a complaint in their state as well.

One of a debtor?€™s rights when dealing with a 3rd party collection agency is to demand that communications cease. The debtor can demand to be contacted by mail only, or not at all. Should the debtor send a complete CND letter, it is advisable only when the statute of limitations has run out for the debt. Otherwise, the letter will be interpreted (assuming that it doesn?€™t blatantly state so) as a refusal to pay the debt. The collection agency/creditor may very well file a lawsuit, viewing litigation as the only way to receive payment. A letter restricting communication to letter form only, in many collection agencies, move the debtor?€™s account from a collector to the compliance department (or whatever the dept is named, that attempts to ensure that the law is followed regarding debt collection) or experienced collectors will prepare a letter for the account.

It is my personal opinion that any and all correspondence sent to the collection agency be sent using certified mail. This is to provide the sender with a return receipt, which may prove very useful evidence in the event you take the collection agency to court.

Many people wish to not work with the collection agency, and instead work with the creditor. A debtor may attempt to work with the original creditor as long as they still own the account. If the debt has been sold, then it is no longer possible to work with the OC. Some entities by policy refuse to work with a debtor once the account has been assigned to a CA. This is not limited to consumer debts, and can include taxes, [URL="http://www.debtconsolidationcare.com/student-discussion/useful-info.html"]student loans[/URL], tuition, traffic tickets and other civil penalties. Most collection agencies that are collecting assigned debts do so on a contingency basis, and may only settle on the OC's terms.

It is important to know that collection agencies can do the following:

-Require the full payment immediately
-Not accept partial payments
-When attempting to locate the debtor, they may contact 3rd parties to obtain contact info (neighbors, friends, family members, etc?€?)
-Sue you for the debt (if past the statute of limitations, the defense is expiration of SOL)
-Ask you for your employer, banking info, income, etc?€?you are not required to give this information to them
-Attempt to collect a debt that has passed the SOL
-Use power phrases, such as ?€œrefusal to comply/cooperate?€?
-Explain any and all possible consequences of not paying off the debt*
Many collection agencies will perform some level of negotiating.
Simplified examples of negotiations may include the following:

-PIF demand --> settlement of 2/3
Or,
-PIF demand --> ?? down, ?? in 2 weeks or a month --> ?? down, 2 payments of 1/4
Or,
-PIF demand --> 2/3 down, partial payment plan over 3-12 months
Or,
-SIF offer, limited time only

The older the debt, the lower a company may be willing to settle for, but no matter which collection agency is attempting to collect, they will likely use boiler room tactics. In other words, the money must be in by 2 p.m., end of the day, end of the week, etc?€? Whenever a debtor is told that the money must be in by 2:00 p.m. (sometimes 3 p.m.), it is often because any payments received after that time will be applied to the next business day?€™s collections. Towards the end of the month, the collection attempts often get more aggressive. This is because most collectors/collection manager?€™s bonuses are based upon some form of monthly productivity, and they are striving to reach or maximize that bonus check.

The terms will soften only over time, provided the CA does not aggressively litigate. After each offer you are given is rebuffed, the collector will likely press you harder by explaining possible consequences (and in the case of abusive collections, will threaten you with things they cannot actually do).

On accounts that have passed the statute of limitations, collectors will attempt to have you verbally acknowledge the debt, especially if the call is being recorded, or having you make a token payment. Even a minuscule payment, or a promise to pay, will restart the clock. A cease and desist letter that does not acknowledge the debt, but does inform the CA that said debt has lapsed is probably the best defense.

Some collection agencies will refuse all payment plan offers, accepting only the BIF. These most aggressive companies will only take the PIF, or litigate the matter. Unfortunately, if they are legally entitled to collect the debt, they then do have the prerogative to proceed this way. Even though it isn?€™t ?€œright,?€? it is legal. Before suing you, a debt collector must have either bought the debt, or been assigned to collect on the debt by the entity that does own it. In the event a debtor has asked for validation and is sued prior to being given said validation, then the debtor should answer with a counter claim for FDCPA8 violations.

It might be worth noting a couple of other things. First, many collectors are rarely paid a good wage. They may be paid a few dollars above minimum wage, but have the incentive of a potentially large bonus check after exceeding the amount they are budgeted to collect. The bonus can effectively double or better their standard wages. A second interesting fact is that a good number of collectors end up with the job after having been collected upon themselves, even with the same office if they live in the area.


*There is a difference between giving possible consequences and threatening.
For example: A collector may explain that failure to pay a traffic citation can result in the driver?€™s license being suspended (if that in fact can happen). A collector may not state that he/she is going to suspend the license unless the debtor pays.

BIF = Balance in Full
SIF = Settlement in Full
PIF = Paid in Full
CA = Collection Agency
OC = Original Creditor
fdcpa = Fair Debt Collection Practices Act
FTC = Federal Trade Commission


Submitted by Jennifer Dickinson on Fri, 07/23/2010 - 17:37

Jennifer Dickinson

( Posts: 63 | Credits: )


I agree with most of what you have posted and for the most part it's correct. The biggest part I disagree with is the following: "Contacting 3rd parties after contact has been made with you" You MAY contact a 3rd party after you have had contact with the consumer if you have reason to believe that may have additional or new information.

Contact may be identifying yourself and the collector and have the consumer identify themselve but hang up. A third party (parent, sibling, relative, neighbor etc.) may have additional information or MAY (I stress MAY) want to take a message and give it to the consumer.

Also, Collectors, at a reputable and professional Agency, will try to control a conversation but should NEVER talk over the consumer. Most times listening will garner positive results. Most times the consumer knows they owe the debt and if they owe one they probably owe others, they are embarassed and frustrated. I find it's much easier to listen, not take the consversation personally and try to work out a solution.



[QUOTE=Jennifer Dickinson;726919]About collection agencies
When collectors are trained, many call centers require that the agent not give up control of the call. They are trained to be assertive, demanding, and to talk over the debtor during an argument. They are also taught to refer back to any and all possible consequences of non compliance. It is illegal for them to threaten any action they do not intend to or cannot take (a common, illegal threat is to prosecute the debtor for fraud).
Collection agencies are not permitted to call excessively, although the law likely differs from an individual?????????s opinion as to the definition of excessive. Should you tell a collector that you are going to try to obtain the money in the next few days; the collector will schedule a callback. If you do not call back, the collector will do so starting from the scheduled time/date, and continue for approximately a week. If you have made a promise to pay an amount, the collector will again set a callback time/date. In the event the money is not received and you have not contacted the collector, they will conduct follow up calls, as frequently as twice a day for up to a week. Telling a collector over the phone to stop calling is not effective. To stop all calls, you must put it in writing.
Abusive, illegal tactics by collection agencies can include the following:
Contacting you at work when you have already informed the collectors that it is not permissible
Contacting 3rd parties after contact has been made with you
Disclosing or threatening to disclose information to 3rd parties (friends, family, neighbors, co-workers, supervisors, etc?????????)
Threatening to have you arrested
Reporting or threatening to report false information on your credit report
Threatening any other action they cannot or do not intend to carry out
Name calling (examples include deadbeat, liar, and thief)
Using profanity
Attempting to collect a debt, or the portion thereof, that is currently in dispute
Contacting you over the telephone after you have sent a letter revoking their ability to do so
Calling in excess of what the law (your state law or the FDCPA98, whichever is more strict) permits
Contacting you in any manner after you have sent a thorough cease and desist letter?????????except to inform you of any action now in progress, i.e., a lawsuit
In the event of violations, you must preserve your rights. File a complaint with the [URL="http://www.ftc.gov/"]FTC[/URL], the state agency that oversees collection agencies, and/or obtain a lawyer. If the agency is based out of state, you may be able to file a complaint in their state as well.
One of a debtor?????????s rights when dealing with a 3rd party collection agency is to demand that communications cease. The debtor can demand to be contacted by mail only, or not at all. Should the debtor send a complete CND letter, it is advisable only when the statute of limitations has run out for the debt. Otherwise, the letter will be interpreted (assuming that it doesn?????????t blatantly state so) as a refusal to pay the debt. The collection agency/creditor may very well file a lawsuit, viewing litigation as the only way to receive payment. A letter restricting communication to letter form only, in many collection agencies, move the debtor?????????s account from a collector to the compliance department (or whatever the dept is named, that attempts to ensure that the law is followed regarding debt collection) or experienced collectors will prepare a letter for the account.
It is my personal opinion that any and all correspondence sent to the collection agency be sent using certified mail. This is to provide the sender with a return receipt, which may prove very useful evidence in the event you take the collection agency to court.
Many people wish to not work with the collection agency, and instead work with the creditor. A debtor may attempt to work with the original creditor as long as they still own the account. If the debt has been sold, then it is no longer possible to work with the OC. Some entities by policy refuse to work with a debtor once the account has been assigned to a CA. This is not limited to consumer debts, and can include taxes, [URL="http://www.debtconsolidationcare.com/student-discussion/useful-info.html"]student loans[/URL], tuition, traffic tickets and other civil penalties. Most collection agencies that are collecting assigned debts do so on a contingency basis, and may only settle on the OC's terms.
It is important to know that collection agencies can do the following:
-Require the full payment immediately
-Not accept partial payments
-When attempting to locate the debtor, they may contact 3rd parties to obtain contact info (neighbors, friends, family members, etc?????????)
-Sue you for the debt (if past the statute of limitations, the defense is expiration of SOL)
-Ask you for your employer, banking info, income, etc?????????you are not required to give this information to them
-Attempt to collect a debt that has passed the SOL
-Use power phrases, such as ????????refusal to comply/cooperate?????????
-Explain any and all possible consequences of not paying off the debt*
Many collection agencies will perform some level of negotiating.
Simplified examples of negotiations may include the following:
-PIF demand --> settlement of 2/3
Or,
-PIF demand --> ?? down, ?? in 2 weeks or a month --> ?? down, 2 payments of 1/4
Or,
-PIF demand --> 2/3 down, partial payment plan over 3-12 months
Or,
-SIF offer, limited time only
The older the debt, the lower a company may be willing to settle for, but no matter which collection agency is attempting to collect, they will likely use boiler room tactics. In other words, the money must be in by 2 p.m., end of the day, end of the week, etc????????? Whenever a debtor is told that the money must be in by 2:00 p.m. (sometimes 3 p.m.), it is often because any payments received after that time will be applied to the next business day?????????s collections. Towards the end of the month, the collection attempts often get more aggressive. This is because most collectors/collection manager?????????s bonuses are based upon some form of monthly productivity, and they are striving to reach or maximize that bonus check.
The terms will soften only over time, provided the CA does not aggressively litigate. After each offer you are given is rebuffed, the collector will likely press you harder by explaining possible consequences (and in the case of abusive collections, will threaten you with things they cannot actually do).
On accounts that have passed the statute of limitations, collectors will attempt to have you verbally acknowledge the debt, especially if the call is being recorded, or having you make a token payment. Even a minuscule payment, or a promise to pay, will restart the clock. A cease and desist letter that does not acknowledge the debt, but does inform the CA that said debt has lapsed is probably the best defense.
Some collection agencies will refuse all payment plan offers, accepting only the BIF. These most aggressive companies will only take the PIF, or litigate the matter. Unfortunately, if they are legally entitled to collect the debt, they then do have the prerogative to proceed this way. Even though it isn?????????t ????????right,????????? it is legal. Before suing you, a debt collector must have either bought the debt, or been assigned to collect on the debt by the entity that does own it. In the event a debtor has asked for validation and is sued prior to being given said validation, then the debtor should answer with a counter claim for FDCPA8 violations.
It might be worth noting a couple of other things. First, many collectors are rarely paid a good wage. They may be paid a few dollars above minimum wage, but have the incentive of a potentially large bonus check after exceeding the amount they are budgeted to collect. The bonus can effectively double or better their standard wages. A second interesting fact is that a good number of collectors end up with the job after having been collected upon themselves, even with the same office if they live in the area.
*There is a difference between giving possible consequences and threatening.
For example: A collector may explain that failure to pay a traffic citation can result in the driver?????????s license being suspended (if that in fact can happen). A collector may not state that he/she is going to suspend the license unless the debtor pays.
BIF = Balance in Full
SIF = Settlement in Full
PIF = Paid in Full
CA = Collection Agency
OC = Original Creditor
fdcpa = Fair Debt Collection Practices Act
FTC = Federal Trade Commission[/QUOTE]


Submitted by on Tue, 07/27/2010 - 12:23

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That depends on the State and the type of Debt. if you signed a promissory note and it's under seal it could be as long as 20 years or more. If it's Federal Debt, taxes, Federal Student loans, etc. there are NO SOL's.

Google Statutes of Limitations and that will tell you what the limit is for the state you reside. SOL's and reporting to the credit bureaus are different. A debt can only be reported for 7 years from the date of last activity, after that it MUST be removed. All the SOL means is if the original creditor can sue you and likely win. Keep in mind even if the statutes have expired a creditor can still decide to sue, the chances are winning are low.

Regardless of statutes if a consumer owes a debt, they have a moral obligation to pay that debt regardless of its age.
Quote:

Originally Posted by Anonymous
what is the statue of limitations for how long a debt can be going????


Submitted by on Tue, 07/27/2010 - 12:39

( Posts: 202330 | Credits: )


I learned the hard way, about how underhanded these debt collectors can be. I paid $2,300. on a $300.00 credit debt, by order of the Alameda Co Court system. I was sued by Esknos and Adler.

When the debt was almost paid off I was contacted by Goldsmith and Hull about a credit card debt in a name I had not used since 1985. I was a lot smater this time I hired an attorney through the legal aid in Berkeley. The attorney helped me fill out the necessary papers and file them. She even came to court with me. Prior to Goldsmith and Hull threating to take me to court I had never had any contact with the these people . When I got a copy of my credit report, Goldsmith and Hull had sued me in
2005, and it was on my credit report. I was able to get this removed.

My advice to anyone dealing with a debt collector is to get a attorney, because you will be f_ _ _ _ _ if you don't know the law.


Submitted by on Thu, 09/02/2010 - 11:04

( Posts: 202330 | Credits: )


The best thing to do when you have issues like this is to contact a consumer attorney. The National Association of Consumer Advocates (NACA) has a website where you can easily connect to attorneys who work in this field. The website is www.naca.net. Select the "find an attorney" tab, put in your state, select "debt collection", click whatever box makes the most sense (FDCPA, Not My Debt, Harassment and Abuse, etc.), and then click the search button to the left. A few attorneys will come up so the best thing to do is to (starting at the middle or bottom, because the top names probably get the most inquiries) send out a form email explaining the situation to all of the attorneys listed. If you leave your contact information, the interested lawyers should get back to you. Good luck.


Submitted by on Thu, 09/02/2010 - 17:27

( Posts: 202330 | Credits: )


If you are tired of getting the run around and getting side ways answers...
collectors being pushy, misleading, or causing you frustration...
visit delted///pm
Those guys got me the right attorney at no cost to me and about 3 weeks later the bill collector was fired, my account was back in the hands of Chase, and I got a check of $400 from the collection agency for my troubles...

I used the $400 and added another $233 to it to settle the debt... done deal...

guess what no posting of solicitory or personal emails.i deleted the other 4 posts.do it again and the admins will be notified.


Submitted by on Mon, 09/13/2010 - 15:57

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
i UNDERSTAND THE INFORMATION THAT YOU PROVIDED BUT WHAT IT THE DEBT YOU HAVE IS WITH AN ONLNE PAYDAY LOAN PLACE DO THESE STILL APPLY?

This man calls my work and cell phone number saying his gary rosenthal and to call him I call back get his answering machine.Telling I DON;T know who he is and please explain why he is calling me with the company he works for and he calls back and say for me to call him but know detail on who or what company he works for


Submitted by diane l on Fri, 09/24/2010 - 14:32

diane l

( Posts: 17 | Credits: )


Quote:

Originally Posted by Anonymous
My question is regarding how to pay them if you do agree on a payment plan. Is it a bad idea to send them a check? (Not postdated, of course, I know that) I refused to give checking info over the phone, though they were very pushy about it, but I did send a check. Is that a bad idea?


If I were you, I'd send them, if anything a money order and only after they are forced to prove (not as easy as you think) they own the debt. Once they get your bank account info you are opened up to some questionable actions. Don't show your hand, don't let them know anything about where you bank. They can't prove you have an account. Maybe you are one of those people that doesn't use a bank, there's no law against not having one.

Don't show these scum anything. I say they are scum because of their abusive tactics and that oftentimes they can't even prove they own the debt and if they don't prove it maybe somebody else can. You don't want to be forced to pay a debt twice but it can happen so TRUST NOBODY.


Submitted by Gretchen VonDerhoff on Wed, 10/06/2010 - 04:51

Gretchen VonDerhoff

( Posts: 259 | Credits: )


When I first went into court a few months ago I was very intimidated in front of this "honorable" judge and this law firm who seemed really friendly with the judge. Based on the way the judge treated them and just by the fact they said they were a law firm gave them an air of credibility that they don't deserve. Which is why I say this, don't go into court or talk with these people online and let them threaten/intimidate/belittle you. Don't listen to the words they use to try to shame you. Fk them and the horse they rode in on. STAND UP FOR YOURSELF, no one else will, don't give them anything until they PROVE TO YOU they are playing straight with you.

That's one of their best tools against you, is hoping you feel intimidated and ready to agree to anything.

Don't do it. DO NOT BE INTIMIDATED BY ANYTHING.

It's like with a mean dog. (I love dogs and most are not mean but there are some whether its because of a human that made them that way or what) But there ARE MEAN DOGS and let me tell you that they, just like these scum, can SENSE when you are scared and it really revs them up, its a power rush, if you run they will come after you. These low life underbelly scum sucking abusers, I'm fed up with watching what they do to people. I don't give a damn if you owe the debt or not, they have no right to destroy your life in the pursuit of their blood money.

Face those slime balls down, don't run, don't be afraid. Stand up and MAKE THEM SHOW what they got.


Submitted by Gretchen VonDerhoff on Wed, 10/06/2010 - 05:02

Gretchen VonDerhoff

( Posts: 259 | Credits: )


Quote:

Originally Posted by Anonymous
POST DELETED..PM.here is a dose of reality.want to be a humanoid.do it on the phone not here.


Posts like this that "hint" at something just are confusing and leave people (including me) with maybe the wrong assumption. If you got something to say and you say something out here, don't play games with it. Either say nothing or spit it out.

Maybe you are straight up but there is enough confusion going on without having to play guessing games.


Submitted by Gretchen VonDerhoff on Wed, 10/06/2010 - 05:06

Gretchen VonDerhoff

( Posts: 259 | Credits: )


Quote:

Originally Posted by Marlee_Jordan
u are so right morning star... due to the bonus structure within the CA, agents do tend to get very aggressive towards the end of the month, unless they had a stacking bonus like i did, which allows me to be lenient and so allowing the debtor to spread out payments according to what they can afford...
now this is going to be contraversial... don't know n/e better way to start ...
if u know ur in debt, pay the dang debt... yeah i know i know, life is tuff etc etc... but cut out TIVO, for a couple months, cut out the clubbing, and shoe sales, don t be like some debtors and mix up ur priorities ...
had a woman once that told me straight off that she spends 150.00 a month on cigarettes and nothing is going to make her touch that money, not ever the 3 yr debt she had with Ford... i was like ... LADY, ITS ONLY 50.00 BUCKS A MONTH I'M ASKING U FOR... she was adamant that she's not doing anything that would interferr with her smoking.
i'm not saying the blatantly rude collectors are correct in using scare tactics.. i just used sarcasm, satire and extreme cynism... however, i avoided raising my voice, threatening to call relatives and 3rd party persons, and more often than not, i usually gave pretty reasonable SIF's. There wasn't one SIF i took to my Boss and he didn't approve it, once the debtor explained why...
heck, in my last week i Sif a 80,000 account for 9,000 even though it was not in my department, or my company for that matter, since the department was closed down, but the lady wanted a clean slate on her credit... i nearly cried that day ... to think all that hard work and i couldn't see a penny out of the bonus on it...
The information provided may not be legal advice, but it is the general formula used by debt collectors world wide... the only ppl who i can tell u deviate for sure ... those b****rds from Manila ... they would sell their mother's to the market if it meant they would be getting BIF.


"Paying the dang thing" is all well and good. But before you do VERIFY that the people you are paying own the debt and that you'll get credit for paying it. There are times that a debt is sold to more than one party and you want to be as sure as you can that when you pay it off that its done and won't come back to bite you again.

In today's economy with all the users and predators out there, don't be intimidated. These bloodsuckers need to work with people and not destroy lives.


Submitted by Gretchen VonDerhoff on Wed, 10/06/2010 - 05:33

Gretchen VonDerhoff

( Posts: 259 | Credits: )


Quote:

Originally Posted by Morningstar
You keep trying to negotiate with them, and send them what you can afford. Keep copies of all correspondence and payments, in the event they try to sue you for the debt, you can show the judge that you've been trying to take care of the debt for xxx days/months/longer...
they'll basically either:
a)accept a payment plan,
b)sell your account to another collection agency,
c)sue you for payment,


KEEP COPIES of what you pay in a safe place. Protect yourself and your hard work and your money. I can see very well where some of these would collect more than what you owe if they could get away with it.

Don't let them get away with it. They will try to shame you into thinking of yourself as a bottom-dweller but don't buy into it.

Do what you can to pay back your debts AFTER YOU GET PROOF who owns them and be sure that's who you are dealing with and whatever you do KEEP COPIES OF ALL PAYMENTS and correspondence.


Submitted by Gretchen VonDerhoff on Wed, 10/06/2010 - 05:38

Gretchen VonDerhoff

( Posts: 259 | Credits: )


[COLOR=black]Every state has a different statute of limitations. Most have a 4-year statute like California. [/COLOR]

[COLOR=black]In regard to tax debt collection, it could get tricky. Federal tax debt has a 10-year statute. However, there is no applicable statute on the collection of state tax debt in the state of California. Again, it is wise to research if any statute of limitation applies to tax debt collection in your state. [/COLOR]

[COLOR=black]Debt collectors, such as the following collection agency or debt collection law firm, could care less if they are collecting on a time-barred debt. That's a debt which is out ot statute:[/COLOR]


[COLOR=black]brachfeld law group [/COLOR]
[COLOR=black]rausch sturm israel enerson[/COLOR]
[COLOR=black]primary financial services[/COLOR]
[COLOR=black]protocol recovery service[/COLOR]
[COLOR=black]national recovery service[/COLOR]
[COLOR=black]apex financial management[/COLOR]
[COLOR=black]law offices of mitchell n. kay [/COLOR]
[COLOR=black]winn law group[/COLOR]
[COLOR=black]waltman weinberg[/COLOR]
[COLOR=black]nco financial [/COLOR]

[COLOR=black]Third parties that engage in debt collection have the notoriety of collecting on time-barred debts. Many grossly violate the FDCPA to collect a debt. In fact, [/COLOR][COLOR=black]DebtFreeLeague.com clients have received creditor harassment from some of the above collectors. [/COLOR]

[COLOR=black][FONT=Arial]Fortunately, the DebtFreeLeague debt settlement program, the Debt to Freedom Plan (formerly the [COLOR=black]national debt relief stimulus plan) has helped these debtors fight back and successfully have their collection accounts settled and paid in full for pennies on the dollar.[/COLOR][/FONT][/COLOR]


Submitted by Vic C on Wed, 10/13/2010 - 13:10

Vic C

( Posts: 4 | Credits: )


Quote:

Originally Posted by Gretchen VonDerhoff
Posts like this that "hint" at something just are confusing and leave people (including me) with maybe the wrong assumption. If you got something to say and you say something out here, don't play games with it. Either say nothing or spit it out.

Maybe you are straight up but there is enough confusion going on without having to play guessing games.


gretchen i deleted/edited that because it was the typical PAY YOUR BILLS POST.sorry for the confusion.


Submitted by paulmergel on Thu, 10/14/2010 - 06:16

paulmergel

( Posts: 15514 | Credits: )


Quote:

Originally Posted by saseidel
I have a question to ask please. I am repeatedly threatened with having SIMM Associates ( of course) say to me or my co workers ( if they tell them I am not there) they are going to call HR's to have my pay attached. Is there any truth to this? Or is this an empty threat.. ?


They must have a judgment against you in order to garnish your wages or levy your bank accounts. This, after a judgment requires more legal action and court filings before it can take place. After a judgment, they can usually have it done within 60-90 days. TIP: Do not ignore a summons to court, they will win by default. Do your homework or hire an attorney who is knowledgeable in the Fair Debt Collection Act Practices procedure.


Submitted by on Sat, 10/16/2010 - 22:28

( Posts: 202330 | Credits: )


what if i don't respond to a interrogatory paper that the said lawyer debt collector wants from me my bank info neighborhood legal services said i have to is this true? i don't want my info all over the place i don't know these people at all it's not from the courts i own nothing have no income except ssi, veterans pension, dpw please help


Submitted by cc49 on Wed, 12/22/2010 - 19:18

cc49

( Posts: 4 | Credits: )


I didn't read this whole thread but it seems your comment is newer about the interrogatories to be answered. I don't understand where these interrogatories came from, how did you get them, who is telling you that you must answer? Has someone filed suit against you?

If there is a suit against you then answers must be given. however, it depends on the validity of the suit, whether or not the party has the standing to sue you and whether or not they have established a financial obligation between you and whoever filed the suit.

More info is needed to know how you should answer.


Submitted by Gretchen VonDerhoff on Thu, 12/23/2010 - 17:40

Gretchen VonDerhoff

( Posts: 259 | Credits: )


@SDCHARGERS_63, THAT is a real riot, thank you for sharing that. However "empowered" debt collectors may feel or be trained to feel, they do have limitations to their power, lucky for your EX! :p

It does seem you might have offended their sensibilities by failing to have proper respect for their authority! :rolleyes:


Submitted by Gretchen VonDerhoff on Fri, 01/07/2011 - 03:48

Gretchen VonDerhoff

( Posts: 259 | Credits: )