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need emergency help by 2pm

Date: Fri, 04/30/2010 - 08:41

Submitted by kerazo
on Fri, 04/30/2010 - 08:41

Posts: 17 Credits: [Donate]

Total Replies: 27


I do not know how to...Back in 2007 I took out a internet loan from check n go installment loans., soon after taking it out I went out of work, I had to close my bank account. Then when I went back to work I pulled my credit and tried to pay off as many defaulted accounts as I could. But this loan was not there. so I forgot all about it. Now they sold my account to a collection agency and I found out because i got a call from a compant named national saying they are in charge of processing the papers to send to court for prosecution of civil and criminal against me for an nsf check. I explained that I was not aware of this and I never recieved any calls or letters from anyone. I tried to tell them I will pay them $100 per month but they refused and said no and they will take me to court and garnish my wages and charge me writing bad checks. But I never gave them a check all this was in a matter of an ach transaction. Can u help me. I have until 2 pm to contact this company back.


Part of what they are telling you is to get you to fold and take what ever offer they make. Collection agencies have every reason in the world not to take you to court. Keep trying to negotiate and if they do sue you for writing bad checks, then make sure you can get a hold of your bank records to show that you never issued any to them.


lrhall41

Submitted by OVLG Attorney on Fri, 04/30/2010 - 08:47

( Posts: 511 | Credits: )


ok, but are they able to sue me and process garnish my wages when I never refused payment. I just cant offord what they want. Also the company that has contacted me is the company that is supossibly processing the paperwork to send to the court. I havent received any calls from this company that I owe the money to and They have even contacted the irs to show proof of my tax returns for the last 2 years. what can I do?


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 08:57

( Posts: 17 | Credits: )


Quote:

Originally Posted by OVLG Attorney
Part of what they are telling you is to get you to fold and take what ever offer they make. Collection agencies have every reason in the world not to take you to court. Keep trying to negotiate and if they do sue you for writing bad checks, then make sure you can get a hold of your bank records to show that you never issued any to them.


ok, but are they able to sue me and process garnish my wages when I never refused payment. I just cant offord what they want. Also the company that has contacted me is the company that is supossibly processing the paperwork to send to the court. I havent received any calls from this company that I owe the money to and They have even contacted the irs to show proof of my tax returns for the last 2 years. what can I do?


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 09:00

( Posts: 17 | Credits: )


They can sue you and garnish your wages only if you have stopped paying them under the loan agreement, which is a civil action. No one can file criminal charges for debt, and you should report them. Creditors sell the right to collect debts all the time, and the companies they sell to "step into the shoes" of the original creditor, meaning they become your creditors.
The only reason I can think of as to why they would want your IRS returns is for proof of your income. Get verification of their right to collect on this debt and refuse to talk to them until then.


lrhall41

Submitted by OVLG Attorney on Fri, 04/30/2010 - 09:17

( Posts: 511 | Credits: )


Quote:

Originally Posted by OVLG Attorney
They can sue you and garnish your wages only if you have stopped paying them under the loan agreement, which is a civil action. No one can file criminal charges for debt, and you should report them. Creditors sell the right to collect debts all the time, and the companies they sell to "step into the shoes" of the original creditor, meaning they become your creditors.
The only reason I can think of as to why they would want your IRS returns is for proof of your income. Get verification of their right to collect on this debt and refuse to talk to them until then.

Well why would there be another company contacting me but not the creditor/ I ask them for a letter of verification of this debt because I never recieved any collection letters or calls and they told me that she will forward the information to the collection agency but unaware if its going to help me any a this point.


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 09:30

( Posts: 17 | Credits: )


Quote:

Originally Posted by Peter Simon
DV letter means Debt Validation Letter.

I did but like I said the girl im talking to does not work for the collection agency. She processes papers to send to the court and she is working as a middle person in this situation and tld me that she will forward the request to the agency but said really isnt sure if it will help me in any way at this time, because the agency says that I refused payment, I never did I just cant afford what they want me to pay all at once.


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 09:36

( Posts: 17 | Credits: )


You need to stop believing what they lying collectors are telling you. Unless you're talking to the court house in your county, I'd bet my life savings that you're talking to a collector who is simply trying to scare you into handing over your money. You need to send a debt validation letter and send it certified mail with a return receipt requested.

In the mean time, I'd call Check n Go directly and work out a payment arrangement with them, if they still own the debt. If you borrowed the money from CNG, they're a legal lender and you should repay your debt.

If they have, in fact, sold the debt, they should be able to tell you who the actual collection agency is and give you contact information.


lrhall41

Submitted by OhioGal1 on Fri, 04/30/2010 - 09:41

( Posts: 5253 | Credits: )


I am on the phone with the lady from the processing company, she told me to hold and contacted the agency and then came back to the line and said that she is not able to provide me with a telephone # for the collection agency and that the collection has no interest in speaking with me at the time. that they have exhausted all collections attempts and that I have refused, I explained to her that I need to speak with them directly and she said she is unable to provide me with a #. but did give me the name of the collection agency which is credit works inc.. What should i do next? Has anybody ever heard of this company?


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 09:58

( Posts: 17 | Credits: )


has anybody heard or have any telephone # and address for a collection agency called Credit Works Inc.
but the processing company is National? Nationals number is 512 861
0717 does anybody recognize this #?


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 10:30

( Posts: 17 | Credits: )


[QUOTE=SOAPLADY;692659]Nothing coming up for National under that number except a few harassing calls. Where do you live? National is out of Austin Texas[/QUOTe

I live in florida. What about credit works inc, or do u think the companies name may be national credit works inc. and that is the same collection agency giving me a hard time and saying that they r not the agency. She was very hesitant when I spoke with her now. and just completely refused to give me any further information and just asked me to seek legal advise because they will be sending the documents to the county for processing and contacting my human resources department for wages garnishment


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 10:41

( Posts: 17 | Credits: )


More BS....stop calling and stop answering. National cant do anything unless they hire an attorney in your county in Florida. Credit Works as far as I can see is out of CT. National Credit Works is out of Kenmore (Buffalo) NY. In Florida they cannot procecute criminally and you cannot be garnished in Florida if you are head of household. (I am in Florida too!)

Who is calling you from the 512 number? That is texas...


lrhall41

Submitted by SOAPLADY on Fri, 04/30/2010 - 10:48

( Posts: 17315 | Credits: )


Quote:

Originally Posted by SOAPLADY
More BS....stop calling and stop answering. National cant do anything unless they hire an attorney in your county in Florida. Credit Works as far as I can see is out of CT. National Credit Works is out of Kenmore (Buffalo) NY. In Florida they cannot procecute criminally and you cannot be garnished in Florida if you are head of household. (I am in Florida too!)

Who is calling you from the 512 number? That is texas...



the lady from the national place where she says she just processes paperwork to forward for legal action National is what she said the Name of her company is and Credit Works inc is the name she gave me for the collection agency


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 10:53

( Posts: 17 | Credits: )


file a police report for the threat as whoever said that is mutated garbage that should be in jail themselves.they can't,and won't have you arrested on a pdl.debts(especially pdl's)are civil matters at best.this and other losers like him have to threaten jail because they have no real legal way to conduct their slimy business.file the police reports.then use the number that came up on caller id to file AG,and FTC complaints.


lrhall41

Submitted by paulmergel on Fri, 04/30/2010 - 10:55

( Posts: 15514 | Credits: )


Please do not get worked up over this. I was in this same type of situation years ago and I can tell you it is utter and total BS. Besides check fraud and everything else, they also told me they were on the phone to CPS (child protective services) and that there were in the process of filling out a warrant to have my child taken away permanently for being a deadbeat mother who couldn't pay her bills! They had me in tears! They told me that if I paid the amount by noon THAT DAY (this was in the morning) they would close the case file with CPS.

The fact is you have a RIGHT to get complete information on any supposed debt they claim you owe. It sounds like what this person was telling you was one big fat lie after another. For one, ONLY the company who you 'wrote' the check to can have charges filed, plus there is a very low statute of limitations for bounced checks like 1-3 years depending upon the state. Also, ACH are NOT checks. Falls under a completely different category.

Also BY FEDERAL LAW all companies are required to send you a dunning notice after initial communication within 5 days! A dunning letter is a basic collection letter that says what you owe and who you owe it to, it also should state (by law) that you have the right to dispute the debt within 30 days. This is a very basic right! you have the absolute right to dispute anything they claim you owe!

Now, take a few breaths and think about what this person is saying. If they were any kind of official such as a court clerk, would they be calling you telling you you must pay? No..they wouldn't even call you...they just process the papers and get you served. Even then, it would ONLY be a civil case where they are suing you for monies owed, and in that court you have the right to ask for documentation proving you owe them anything at all.

Also they will not be contacting your human resources. they would first have to sue you in court and WIN. It is not automatic. Were I you, I would be spitting mad to be treated in this highly illegal fashion!

Here is a test that will tell you they are operating illegally and it should make you feel better. Call them, or wait for them to call you and tell them you are recording the call for your protection as well as theirs. See how fast they either disconnect or say they do not give permission! Fact is, if you have them on tape saying all this hooey, you can sue them yourself and win. They don't want you to have proof of there illegal actions.

What you should do is confirm your address and you await your letter that by law they are required to send. Also tell her you anxiously await that court summons because you will be more then happy to tell the judge everything they told you on the phone. After that, keep hanging up on them.


lrhall41

Submitted by goldenbast on Fri, 04/30/2010 - 10:57

( Posts: 2884 | Credits: )


What you should do is confirm your address and you await your letter that by law they are required to send. Also tell her you anxiously await that court summons because you will be more then happy to tell the judge everything they told you on the phone. After that, keep hanging up on them.[/QUOTE]



thank you very much for your advice. Is there anything else I can do to find out where they are located.


lrhall41

Submitted by kerazo on Fri, 04/30/2010 - 11:05

( Posts: 17 | Credits: )


Not really...these companies are slippery eels, they refuse to tell you the correct name and addy and sometimes they are even incorporated or listed under an entirely different name. That is why it is best to wait for written correspondence. After all, even if they did just sue you...you could right there without any research or whatnot, countersue them for NOT sending you a written notice w/i the five days. That is $1000 right there.


lrhall41

Submitted by goldenbast on Fri, 04/30/2010 - 12:01

( Posts: 2884 | Credits: )