Debt collector threatning to sue
Date: Mon, 01/11/2010 - 16:44
Hi. I got a call today by a debt collector that identified as the lawyer for the agency telling me that if I didn't pay them $2,400 today they would file a suit against me.
The woman only identified herself by her first name and told me that she represented the company for which I owe the debt and said that she was giving me two options: (1) Either pay the full amount by the end of the month or (2) make a down payment now over the phone of $1,000 and then monthly payments there after of $200. I told her I wasn't able to make the $1,000 payment at that exact moment but that if they were to give me an extension period I would try to obtain the money. She kept asking what I was offering....I kept telling her an extension period of a month for me to obtain the $1,000 and then make the monthly payments but that I could NOT make the payment right at that moment. She kept yelling and telling me that I wasn't offering anything. That if I didn't make the payment today or made the full payment by the end of the month she was going to sue me. I kept telling her that I wanted to work a repayment plan and then she told me that if I didn't take any of those offers they would file today (she said she had the file at hand) and that the they would garnish my wages. I told her I understood and was in no way attempting to avoid the debt but simply wanted to make some type of settlement but that she wasn't accepting my offer of an extension period to pay off the $1,000 with subsequent monthly payments. She just kept telling me throughout the whole conversation "You're not offering me anything...make the payment now over the phone or send your a postmarked check...we will take 25% of your wages..." I kept trying to tell her that I did want to settle for a payment but that it was absolutely IMPOSSIBLE for me to make the payment at that very moment and that I am not currently employed and I'm waiting on a job offer but that if it would help settle my debt I would be able to borrow money from a relative. Right after I mentioned I was not currently employed she hung up on me.
I know that my debt is not very great and I'm just wondering how likely is it for them to sue me? They have made this threat before a few months back and at the time I pay them $300. After I made this payment they wanted me to make another of $700 within a week after I made my first. I told the woman that called me (who identified herself as the president of the collection agency) that I couldn't make that payment that I would be able to make monthly payments of the same amount $300 but not $700 within a one period interval. She then told me to find someone, a relative or friend to loan me the money for which I told her I was unable to do so but I would try.
I am not trying to avoid paying my debt. I know I owe the money. I know that I took the loan when it was offered to me and I know that the right thing to do is repay for the services I used. However, I don't want to go to court but every time I've tried to make settlements with them they make absurd request of repayment to which I cannot make (I'm a recent college graduate and I have student loans, rent, maintenance bills to pay and I'm currently unemployed living with my elderly parents that have no money). I just simply can't take the harassing calls an the threats. I've lost a lot of sleep trying to find ways to pay for this but my other expenses (my parents home payment) is more important as well as my student loans.
I would greatly appreciate ANY advice that can point me to the right direction or anyone that has had similar experiences. Thank you.
The woman only identified herself by her first name and told me that she represented the company for which I owe the debt and said that she was giving me two options: (1) Either pay the full amount by the end of the month or (2) make a down payment now over the phone of $1,000 and then monthly payments there after of $200. I told her I wasn't able to make the $1,000 payment at that exact moment but that if they were to give me an extension period I would try to obtain the money. She kept asking what I was offering....I kept telling her an extension period of a month for me to obtain the $1,000 and then make the monthly payments but that I could NOT make the payment right at that moment. She kept yelling and telling me that I wasn't offering anything. That if I didn't make the payment today or made the full payment by the end of the month she was going to sue me. I kept telling her that I wanted to work a repayment plan and then she told me that if I didn't take any of those offers they would file today (she said she had the file at hand) and that the they would garnish my wages. I told her I understood and was in no way attempting to avoid the debt but simply wanted to make some type of settlement but that she wasn't accepting my offer of an extension period to pay off the $1,000 with subsequent monthly payments. She just kept telling me throughout the whole conversation "You're not offering me anything...make the payment now over the phone or send your a postmarked check...we will take 25% of your wages..." I kept trying to tell her that I did want to settle for a payment but that it was absolutely IMPOSSIBLE for me to make the payment at that very moment and that I am not currently employed and I'm waiting on a job offer but that if it would help settle my debt I would be able to borrow money from a relative. Right after I mentioned I was not currently employed she hung up on me.
I know that my debt is not very great and I'm just wondering how likely is it for them to sue me? They have made this threat before a few months back and at the time I pay them $300. After I made this payment they wanted me to make another of $700 within a week after I made my first. I told the woman that called me (who identified herself as the president of the collection agency) that I couldn't make that payment that I would be able to make monthly payments of the same amount $300 but not $700 within a one period interval. She then told me to find someone, a relative or friend to loan me the money for which I told her I was unable to do so but I would try.
I am not trying to avoid paying my debt. I know I owe the money. I know that I took the loan when it was offered to me and I know that the right thing to do is repay for the services I used. However, I don't want to go to court but every time I've tried to make settlements with them they make absurd request of repayment to which I cannot make (I'm a recent college graduate and I have student loans, rent, maintenance bills to pay and I'm currently unemployed living with my elderly parents that have no money). I just simply can't take the harassing calls an the threats. I've lost a lot of sleep trying to find ways to pay for this but my other expenses (my parents home payment) is more important as well as my student loans.
I would greatly appreciate ANY advice that can point me to the right direction or anyone that has had similar experiences. Thank you.
If you have never received a dunning letter (letter of collectio
If you have never received a dunning letter (letter of collection) via the mail, from this 1 then I wouldn't give them a dime until you receive one. Tell them that accoording to the federal law - FDCPA, they now have 5 days after their first initial contact with you to send you a dunning letter in the mail and you aren't going to admit or deny to owing anyone anything until you receive the required documentation in the mail. If they are any type of legit company they will already know this. I would also educate myself on the FDCPA if I were you, just google it or research it on this site, there is a lot of good information on this subject. There is a search box located in the upper right hand corner of this forum.
