beinf sued by Collection agency

Discussion in 'Chit Chat' started by riddler, May 1, 2010.

  1. Banjo

    Banjo

    This firm is a debt collection specialist firm, one step up from following cheating spouses around and getting pictures. Don't freak out, write the letter demanding, not asking, for proof of debt. The computer program will shift you into another file. Do not call them and offer anything, bounce the ball back into their court and see what they have.
    http://www.debtconsolidationcare.com/collection-agencies/pressler&pressler.html


    I they harass you in anyway write a letter telling them they are breaking the law and to cease and desist immediately. Make sure to add copy circulated to your states consumer affairs dept even if you don't send one to them.
     
    #11     May 1, 2010
  2. Mr Pain

    Mr Pain

    If you are a 1 party state and so are they and you do talk to them then record all your calls. there is a 50% chance they will break the FDCPA and you can sue them.
     
    #12     May 1, 2010
  3. riddler

    riddler

    i am in south jersey. rather than settle,i should just ask them to show proof of my debt and agreement with the originator?
    i am definitely foing to respond to the court though.
     
    #13     May 1, 2010
  4. Mr Pain

    Mr Pain

  5. Mr Pain

    Mr Pain

    #15     May 1, 2010
  6. Mr Pain

    Mr Pain

  7. Own Nothing. Control Everything. -Rockerfeller

    Corporations can be a trader's best friend.
     
    #17     May 1, 2010
  8. Mercor

    Mercor

    If you settle for less then the orginal debt they consider the difference as income and may be taxable. You may get a 1099 for the settled difference.

    I have wondered if one could go into the wholesale market and buy your own debt then send yourself a letter claimed full payment has been made.
     
    #18     May 2, 2010
  9. riddler

    riddler

    i know if i don't respond,the debt collector automatically winds a judgement. however, i guess the can garnish wages ( i am self employed)..how would they garnish wages?
    could they get a lien on my bank account?
     
    #19     May 2, 2010
  10. TGregg

    TGregg

    I'm not a lawyer, but I listen to one on the radio :) Marginal Legal Advice from Bill Handel. Great show called Handel on the Law http://www.handelonthelaw.com/home/default.aspx . You can call in and he'll give you some pointers.

    They can't put a "lien" on your bank account. But if they get a judgment, they might be able to get a sheriff to walk into the bank and drain some funds. If you can, settle. Be sure to get the details in writing - a lot of these collection outfits are serious scum (think about it, who'd want to work at a place like this other than losers who can't get a job anywhere else and people who love screwing others?)

    A lot depends on how old the debt is and when you last reaffirmed it. AIR, some limitations in some states are 7 years. But if you pay $1 towards it or sign a note promising to pay it off or anything like that, the clock resets. So if you had a debt from 1990, then in 2005 paid the agency a Jackson on it, you are now liable for the whole thing. But if you hadn't paid in 2005, the agency could not then do anything - it's past the statute.

    Do your DD. Check with some legal sites. My information is almost worth what you paid for it. ;)
     
    #20     May 2, 2010