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Credit Card Debt Collector threatens with lawsuit
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Posted by Buffy
(66.133.181.94) on January 31, 2003 at 19:48:17:
Ok, I posted about a week ago about my sister's credit card
debt and how CA called her and was threatening her with a lawsuit
and they told her they would accept a 75% settlement. And I had
set it up that they would take the money from my checking account,
and so forth. As I was advised by a member of this forum and my
parents, I stopped payment on those two checks. The CA is Capital
Management Services, INC based in Buffalo, NY. Monday my sister
sent them a certified letter stating that she was not comfortable
paying that amount, and that they could not use my account to
withdraw the funds. She wrote in the letter that she would agree
to a 60% settlement, as long as everything was in writing first,
and that she would have to send a money order, that they couldn't
use my account. She also stated in the letter that they cannot
call her at work. So the letter was sent out Monday, and today,
guess what happens? She got a call from them at work. She told
them that she didn't have time to talk to them, and that she would
call them when she got home. So, when she got home she called
them and they told her that since I had stopped payment on both
of those checks, that they were considered bad checks and they
could sue and she will go to jail. She asked them if they had
received the certified letter, they said no, and she explained
what was in the letter, but they didn't care. All the guy cared
about was the fact that they considered these checks bad checks
and that they need the money now. She told the guy that she didn't
have the money, and he said, "why did you agree to this in the
first place then?" She told him because they had threatened her
with a lawsuit! And he said they didn't threaten her, they were
telling her the facts.
By the way, at this point she was really, really upset and bawling.
It really pisses me off that these people think they have a right
to threaten my sister with lawsuits, garnishing her wages, and
jailtime (he said she could spend up to 7 years in jail for the
bad checks). She can't afford to pay them the $800 for the 75%
settlement, but I'm sure we can come up with the $600 for a 60%
settlement, with the help of our parents, but when she mentioned
a 60% settlement to the guy, he practically ignored her, continuing
on with the fact that these checks are considered bad checks now,
blah blah blah. Apparently they haven't gotten the certified letter,
which I don't understand that, because she sent it Monday, and
today's like Friday. So, she's in this huge mess and doesn't know
what to do. She's got the CA calling and telling her they're going
to sue and our parents telling her they don't think the CA will
actually sue. Another thing that I forgot to mention that seems
a bit odd to me, is that they have sent her two letters this week,
and one says "Current Creditor: OSI/Gulf State Credit; and on
the other one it says "Current Creditor: Sherman Acquisition LP".
Are those two different creditors, and what do they have to do
with Capital Management Services? Seemed a bit odd to me. I'm
sorry this post is so long, but I wanted to try and explain what
I could. My sister doesn't know what else to do, and our parents
only call us about once or twice a week, we can't call them because
they are truck drivers, so we don't have anyone else we can talk
to about this. So, my questions are, can Capital Managements sue
my sister over this debt, can they garnish her wages, and will
she go to jail? And how else should she handle this matter with
them?
Also
read the Collection Agency Frequently Asked Questions
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