Re: CA Harassment of the Elderly

Posted by LadynRed (199.91.33.254) on March 27, 2003 at 10:32:47:

In Reply to: CA Harassment of the Elderly posted by Patience on March 27, 2003 at 08:27:15:

Ok.. I'll throw my 2 cents into this arena :)

What you want in terms of her credit report is FULL DELETION of the CA's entries in return for payment. "Paid collection' or 'paid charge-off' are both negativesn and you don't want them. If they try to BS you by saying they can't delete, they're full of it - they put it on there, THEY can take it off ! You can also try for 'paid' or 'paid as agreed' from the OC, but that's going to be much harder to get, depending on the creditor. You could tackle that later with a good will letter, they do sometimes work.

As for the 1099-C, I'm not sure a CA can issue one, but you can certainly put it in your terms. Since she is disabled and probably hasn't much income to start with, the impact on her taxes probably wouldn't be much, if anything at all. IF you can prove that she was insolvent, then the 1099-C doesn't have ANY effect at all. Only that portion $600 or more of the 'cancelled' debt is put on the 1099-C. If her tax bracket is low, and I'm guessing it is, then the actual percentage of the 1099-C that would impact her taxes would likely be negligible. Ask a CPA or tax attorney if you don't know what her tax status is.

A 1099-C is not *necessary*, but if you can get one, that would be a plus. It totally cancels out the debt and finalizes the whole thing, permanently. If nothing else, insist on a 'paid in full' letter and make sure its signed by someone in authority at the CA.

As for the CA identifying themselves, there is nothing in the FDCPA that will force them to provide their full name or someone in management. These scumsuckers use aliases to 'protect' themselves and the turnover in these places is so high that 'managment' probably changes very quickly. Your best bet may be to contact your State authority and get a name of an officer of the company, BBB may have this info as well.

Hope this helps a bit. I would really urge you to get complaints filed, nothing else will stop these goons and with the Elder law protections in place, they REALLY need to be smacked upside the head with a baseball bat for their horrid tactics !! I'd sue the bastards if it were me !

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