Re: suggestions

Posted by Linda on January 19, 2002 at 08:41:53:

In Reply to: Re: suggestions posted by Tracy on January 18, 2002 at 02:43:55:

Oh, sorry about that! Ohio is a baaaaaad state for people in debt. I would not pay the $25 a month. It really just makes any other defense impossible, and extends the SOL in the event you cannot pay the debt off. And you can't with all the fees and interest that are being added.

I would use every legal tactic available to hold the collection lawyer off as this debt gets older. The older it gets, the less likely they are to come after you.

They can do "asset searches" and find bank accounts, real estate, etc. Just be careful what kind/how much information you give out.

The legal tactics available to you are the validation letter - do not accept anything but his signature as validation. After the 30 days is up (on the 31st day) send the "cease communications" letter. In the meantime, do not talk to them on the phone at all, but don't make them mad. Use an answering machine to screen calls, change your phone number, etc, but don't do the funny stuff I have told other people - your situation is different. If they get you on the phone, make some excuse and get off without talking to them. UPS is at the door, the other line is ringing - whatever...

The phone is their real weapon. They can say whatever they want, and they will try to scare you to death to make you send whatever money you have to them.

Also, many collection agencies say they are attorneys when they really aren't. Check them out thoroughly. Is this an attorney. What are the laws about collection agencies and collection attorneys in Ohio (look on lawdog) try to catch them in a violation of Ohio law or federal law. Their downfall is that they do not obey the laws because most consumer are unfamiliar with the laws - they never get caught.

However, if they break the law and you can prove it (document everything, keep all correspondence) then you can really chase them off, and buy yourself some more time.

Don't try anything with credit - don't check your reports or apply for anything. Try to "disappear" as far as credit is concerned.

Then wait - it is like playing poker - you wait for their next move, and then decide what to do in response.

Linda

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