Cingular One verification received

Since they have verified,they are within their rights to continue collections or even sue. I would put together a letter offering settlement using a reasonable payment plan you can afford. If you are comfortable letting them know of your medical condition,you can let them know of your situation.

Thanks Cajun that is what I wondered. Do I try to offer them about 60% of the balance with the full payment asap or do I offer them 60% in payments broken into 4 payments since I only get paid once a month or am I stuck with paying the whole thing at once? Confused on how to handle this one.

I know that my social security benefits are not garnishable but would like to get this taken care of the proper way.

ladybug

As with any negotiation, don't go for what you really want right away, that leaves you know room to wiggle. Who is the collection agency? How long ago was the account closed? The longer ago it was, the more likely they are to be willing to settle for less. I have a similar bill with T-Mobile ($260) that they have made an unsolicited offer to settle for $170. No one has been able to validate the debt (I have paid it based on the Principle T-Mobile sucks and is dis honest in their billing and customer service). I am tempted to take the settlement, as I feel i have gotten my point across, and it put the issue to rest once and for all.

If nothing else, at least ask to set up a payment agreement. However DO NOT agree to any ACH drafts (check by phone or Internet), or using a debit or credit card (This protects you from them or an unscrupulous employee from using that information later to make unauthorized charges against your accounts). Also do not agree to Western Union Or money gram payments, as they will cost you an extra $6 to $20 for each payment you make . I highly recommend paying only with Bank or Postal Service Money orders ( Banks usually charge a couple bucks, the post office charges about $1.50 or so, but you have a public record the payment was drawn, and can be researched to determine if the money order was ever cashed).

In my opinion, the safest and most reliable way to make a payment to any creditor on a closed account, or to any collection agency or attorney is money order sent certified mail, return receipt. All totaled, this method will cost you about $7.00 per payment, but you are backing up and documenting your efforts. IF you don't want to sped the extra money for the CMRR, at least spend the $1.50 for the piece of mind of knowing your financial information is secure, and you have one less thing to worry about.

Well this originally was with Cingular One and then sold off to a collection agency..didn't hear anything for along time then all of a sudden I get another collection notice from a different collection agency. I sent in yet another verification letter certified and in the mail I received directly from Cingluar or whatever they are now the actual copies of the bills. This was a bill from 2006 and it is within the sol.

What do you think I should offer them?

ladybug

Again look to your monthly bills to see what you can afford. Your monthly bills take priority over any old debt with a collector.

Since I am on disability I think that I am going to offer them $50.00 a month starting January 5, 2008 every month until April for the final balance. Do you think that will fly?

I should probably contact them at the address provided by them on there envelope right?

ladybug

There's an old saying: You can't get blood out of a turnip. I seem to recall that disability income is exempt, so they can't get anything if they sue. If you're willing to throw them a bone, gowever small, I think they'd be well advised to take it. Just make sure $50 a month isn't gonna cut you short.

unclewulf is right. I admire his posts. He seems to be rather educated in consumer affairs.

Be advised however that if your diability or retirement goes into your bank account (even in non garnishment states), a lien might be placed on it. unclewulf is right as well, especially if you live in Texas or Florida. In these states, with homestead and other consumer law ( a hold-over from colonization by Spain), and a very long list of exemprions from judgment, the creditor will get bext to nothing if they sue.

question I live in the state of nebraska what are there policies does anyone know in regards to garnishments?


What is the best approach for this situation?

ladybug

Ladybug,social security disability cannot be garnished except for certain Federal or government debts.Cingular One does not qualify under this exception.If they sue be careful that they don't garnish a bank account with exempted income.

what constitutes exempted income?

ladybug

Social security income,some disability retirement and others.Your state law should have guidelines to follow.

I don't have any retirement income the only thing that I get is disability from social security. I have just drafted a letter to them stating that I am willing to pay $50.00 a month until July when the balance will be paid off. I also mentioned in there that my income is exempt from garnishment and have limited income. I requested in this letter that they send the copy back to me signed by their collection representative and that I would in turn send my payments in via money order only. I am not giving them my banking account information.

Do you think that is a good idea?

ladybug

Sounds good to me and make sure you keep a copy of that letter in case they try to go to court.It shows a honest effort.

That's what I figured. I do not want to be "a dead beat" as so many "guests" have posted about us. Just willing to pay back what I offically owe with the verifcation/valdiation process. Thanks for your wonderful advice.

ladybug

Consider those types as unnecessary gnats and don't let them bother you.

Umm.... Wow. :oops:

Ladybug, all of Cajunbulldog's 'unnecessary gnats' together are not worth the effort it took you to post what you said. Most of them are either shills for one or another CA or trolls with such low self-esteem that they get their jollies this way. It's pitiful, in a way.

There are plenty of shills/trolls here, and plenty of decent, real people. And it don't take a rocket scientist to see which type you are. Keep doing what you're doing, and be proud of it.

Cajun is right. I was going by the law of my state.

if you dispute this account with the CRA's (they will report you) it will be deleted. Dont waste your money on this account. Did they produce your original signed contract with signature? Then it is not proper validation. Find the Wolman (sp?) opinion on the FTC website,

There never was a written contract only verbal...does that matter?

ladybug

No contract necessary for this type of debt since they have proven everything else to you in my opinion.