Need legal advice

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Originally Posted By: 04SE
Also, bare in mind they have access to your credit and can see if you have a credit card that you could use to pay the whole thing. They might be a sleazy collection agency but they already know more about you than you do. Between credit bureaus, westlaw and countless other databases, they know how likely you are to pay and your ability to pay.


Tell them you aren't willing to go into more debt thats just compounding problems
 
Well, as you can see there's a lot of varied opinions on the topic. Keep one thing in mind, it's you that's at risk. I'd suggest checking with a reputable attorney in your area and get a consultation. They will usually do an initial one for free to tell you where you stand. Take all your documentation with you, including notes of any telephonic conversations including who you speak to, who they are with, notes of the conversation and the date and time of the call. If you don't know of any attorneys in you area, a good place to look for them is at the Martindale-Hubbel website. They can tell you what the laws are in your area and any general direction or trends that judges in your area tend to follow. I do agree with one point that was made earlier in particular, pay nothing without a signed settlement offer and receipt of payment.

Good luck!
 
It sounds like the statue of Limitations hasn't happen, yet. I think all states could be different, 2,3 5,years. You need to find this out, it's important,google it, statue of limitations on debts for your state, if you are past the certain amount of years, you need to tell the judge, he will dismiss it on those grounds, you will need the date when the debt started, contact or write credit bureau or get it online for free. The negative side to this, it will remain on your credit report, I think 7 years, you will need to write the credit bureau to remove the debt after 7 years, no one else will. Betcha this collection agency is hoping you do not show, they won't be there, a lawyer will be, probably representing the agency on a bunch of cases. You will need to go, if not a judgement will be placed against you no matter what and then they can hit your bank account or job. If you receive ssi or ssdi, they cannot touch that money. Do your home work, start google on debt collection. Don't contact THEM, you will start the clock all over, as though the debt is brand new. May be cheaper to seek some free consultation with a debt lawyer, most will give free advice.
 
Or call a Consumer Credit Counseling Service. Or similar. If you go this route find one that is NFCC certified. They are non-profit and help consumers. They can negotiate this for you.
 
Find out how old the debt is first. How long since you stopped making payments? Seek out advice from a lawyer/find out what your local laws are.
 
Marine65..do google "denver consumer debt attorney" and pick a firm to help you. Most small shop attorneys will represent you for a percentage of the debt and stop the phone calls and debt collection mind games. The debt collectors may have broken a few laws too and if so..they owe you money.

A former Marine good friend of mine had a similar problem. Got sued, got a summons and a local attorney quickly got the debt completely cancelled and removed. Debt collectors will back down from a professional legal fight..debt collectors make their money on those poor folks that play their debt game. Example..you owed $1500 originally that magically became $3300 after the debt collector purchased the original debt for about $1.50 from the credit card company (they pay pennies on the dollar buying bad debts in bulk)..your attorney will stop that nonsense.

Get a consumer debt attorney immediately retained and do not try and negotiate, talk to or send any money to the debt agency...it will save you a lot of cash and headaches.
 
How can they "prove" that the debt is valid?

How old is the debt? 5 years, 10 years, 15 years, or more? They lose records rapidly the older they get.

My wife had several issues with her credit coming out of college. Before we got married, she wrote letters asking them to A)verify the debt was valid B) Provide proof that the debt was valid, that it was not a paperwork or fraudulent error. Cant provide proof? Then remove the debt and show the account closed with a zero balance.

You'd be surprised what a simple letter, written professionally, can accomplish. EVERY last one of her "bad" accounts were "fixed" and were no longer an issue.

I'm not an attorney, but I do sleep in a super comfy pillow top bed with a hot wife.
 
Originally Posted By: DB_Cooper
Marine65..do google "denver consumer debt attorney" and pick a firm to help you. Most small shop attorneys will represent you for a percentage of the debt and stop the phone calls and debt collection mind games. The debt collectors may have broken a few laws too and if so..they owe you money.

A former Marine good friend of mine had a similar problem. Got sued, got a summons and a local attorney quickly got the debt completely cancelled and removed. Debt collectors will back down from a professional legal fight..debt collectors make their money on those poor folks that play their debt game. Example..you owed $1500 originally that magically became $3300 after the debt collector purchased the original debt for about $1.50 from the credit card company (they pay pennies on the dollar buying bad debts in bulk)..your attorney will stop that nonsense.

Get a consumer debt attorney immediately retained and do not try and negotiate, talk to or send any money to the debt agency...it will save you a lot of cash and headaches.


Great advice.
 
Is it an actual summons with a court date or a baloney one with a grand idea that they could do this?

If you do go to court, they should have the paper showing you owe the debt. You have a right to "discovery" to see this paper.

I had a friend in Junior High get "summoned to court" over her Columbia House CD club contract. She went crying to mommy who paid it off.

If you do decide to pay by personal check, write "paid in full" on the memo portion. Make a copy before you mail it; they'll probably ACH cash it and not cancel it so you won't have the paper trail otherwise.
 
Hit this board and get acquainted. These folks are real fast to discuss tactics and ways to deal with collection agencies as well as their limitations and schemes. How you deal and what you say to these outfits is extremely important as is remembering the fact the can and will say ANYTHING to make you pay. It doesn't have to be true or legal so get to know your opponent as well as what the actually can and can NOT do.
Hit this board ,get aquainted and also check out Clark Howard's website. He deals with credit issues among other money issues and has a forum there last time I looked.

https://creditboards.com/forums/
 
Originally Posted By: DB_Cooper
Marine65..do google "denver consumer debt attorney" and pick a firm to help you. Most small shop attorneys will represent you for a percentage of the debt and stop the phone calls and debt collection mind games. The debt collectors may have broken a few laws too and if so..they owe you money.

A former Marine good friend of mine had a similar problem. Got sued, got a summons and a local attorney quickly got the debt completely cancelled and removed. Debt collectors will back down from a professional legal fight..debt collectors make their money on those poor folks that play their debt game. Example..you owed $1500 originally that magically became $3300 after the debt collector purchased the original debt for about $1.50 from the credit card company (they pay pennies on the dollar buying bad debts in bulk)..your attorney will stop that nonsense.

Get a consumer debt attorney immediately retained and do not try and negotiate, talk to or send any money to the debt agency...it will save you a lot of cash and headaches.


I am going to get an attorney.
Thanks for the good advice.
 
Originally Posted By: Donald
These days my solution for things like this is to talk to my wife who is a lawyer


Lucky you don't have to pay $400+ an hour for her advice.
 
Originally Posted By: Mr Nice
Originally Posted By: Donald
These days my solution for things like this is to talk to my wife who is a lawyer


Lucky you don't have to pay $400+ an hour for her advice.

Yeah, but he is married to a lawyer....
 
Originally Posted By: Driz
Hit this board and get acquainted. These folks are real fast to discuss tactics and ways to deal with collection agencies as well as their limitations and schemes. How you deal and what you say to these outfits is extremely important as is remembering the fact the can and will say ANYTHING to make you pay. It doesn't have to be true or legal so get to know your opponent as well as what the actually can and can NOT do.
Hit this board ,get aquainted and also check out Clark Howard's website. He deals with credit issues among other money issues and has a forum there last time I looked.

https://creditboards.com/forums/



My initial thought was "Wow, there's a web forum for everything." Then I realized they'd probably be more surprised to learn there's a motor oil forum, than I'm surprised that there's a credit forum.
 
Originally Posted By: blupupher
Originally Posted By: Mr Nice
Originally Posted By: Donald
These days my solution for things like this is to talk to my wife who is a lawyer


Lucky you don't have to pay $400+ an hour for her advice.

Yeah, but he is married to a lawyer....


Poor sap.
 
Originally Posted By: marine65
I was served a summons to appear in court over an old debt.
I am calling the collection agency on Monday to settle out of court.
The original debt was $1500 but has now risen to $3300.
I know I should have taken care of this before but illness, job loss and other factors prevented it.
I want to settle for a one time payment but don't know what would be accepted.
Anybody have any insight on what they might accept?

I knew a guy with approximately $15K in CC debt and he settled for around $4K.
 
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