Re: Collection agency for credit card company is threatening to

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Posted by Linda on June 27, 2001 at 11:22:29:

In Reply to: Collection agency for credit card company is threatening to posted by In A Panic on June 26, 2001 at 21:17:22:

First, calm down and think....
1. Did they take you to court and get a judgment against you already? If not, they can't take anything until they do.
2. When (month and year) did this debt first become delinquent? If it was more than 5 years ago, they cannot do anything to you. They can try to take you to dourt, but if you know your rights under the law, you can stop them.
3. It is illegal for them to threaten you and harrass you.

see #4 here:
http://www.cardreport.com/laws/fdcpa/fdcpa.html#807

SO....
If they have not already taken you to court and gotten a judgment against you, or if the statute of limitations had run out, just tell them you are taping their converstations, and that you want them stop calling you - that you only want them to communicae with you in writing. You can send them a letter asking them to prove that you owe this money - it is called a validation letter. They are not allowed to contact you during the time they are validating the debt. If the SOL has run out, you can send them a "cease and desist" letter telling them to stop contacting you altogether. Keep in mind that any "promise to pay" can void the statute of limitations - that is why you don't want to talk to them on the phone - they will trick you into saying something.

Hope this helps,
Linda

On the other hand, if they have already gotten a judgment against you, they can use any information they can get to take the money, if there is any money. Your best bet in that case is to speak with a bankruptcy attorney.

: attach my assets if they do not receive money from me by Tomorrow! I have gone through all my monetary options and cannot come up with the money this week. I am more than happy to work with the company and pay off my debt, but as you have probably heard from many people before me, I am having a difficult time financially right now and every penny is crutial. In the state of Missouri can an unsecured credit card company or their collection agency file a suit and attach your home (which is mortgaged with 0 equity) or your checking account? I've looked through Missouri Statutes and they are as clear as mud to me. Please, any advice would be appreciated.

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: First, calm down and think.... : 1. Did they take you to court and get a judgment against you already? If not, they can't take anything until they do. : 2. When (month and year) did this debt first become delinquent? If it was more than 5 years ago, they cannot do anything to you. They can try to take you to dourt, but if you know your rights under the law, you can stop them. : 3. It is illegal for them to threaten you and harrass you. : see #4 here: : http://www.cardreport.com/laws/fdcpa/fdcpa.html#807 : SO.... : If they have not already taken you to court and gotten a judgment against you, or if the statute of limitations had run out, just tell them you are taping their converstations, and that you want them stop calling you - that you only want them to communicae with you in writing. You can send them a letter asking them to prove that you owe this money - it is called a validation letter. They are not allowed to contact you during the time they are validating the debt. If the SOL has run out, you can send them a "cease and desist" letter telling them to stop contacting you altogether. Keep in mind that any "promise to pay" can void the statute of limitations - that is why you don't want to talk to them on the phone - they will trick you into saying something. : Hope this helps, : Linda : On the other hand, if they have already gotten a judgment against you, they can use any information they can get to take the money, if there is any money. Your best bet in that case is to speak with a bankruptcy attorney. : : : attach my assets if they do not receive money from me by Tomorrow! I have gone through all my monetary options and cannot come up with the money this week. I am more than happy to work with the company and pay off my debt, but as you have probably heard from many people before me, I am having a difficult time financially right now and every penny is crutial. In the state of Missouri can an unsecured credit card company or their collection agency file a suit and attach your home (which is mortgaged with 0 equity) or your checking account? I've looked through Missouri Statutes and they are as clear as mud to me. Please, any advice would be appreciated.

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