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Debt Collector Issue

post #1 of 42
Thread Starter 
Okay I need advice on what I should do.

Years ago I ran up too much debt. When I was trying to take care of all of the collections, it was 2003. I couldn't locate the information for one credit card company at that time because the debt was getting bounced pretty quickly. I did send one payment. The check was cashed, but the debt was sold the next month. (The old company cashed the check but didn't credit it.)

So...now here were are in 2010. My SIL (who I've *never* used as a reference for anything financial, nor would I) just emailed me that she got a call from a collection agency. I called them.

The guy did the whole "next step is a lawsuit" thing. He said they sent a letter (to my ILs, who haven't mentioned it to me) and that they refuse to send a letter to my correct address (which he didn't even get, so there's no way they can send me anything) or to verify the debt.

He will not give me an address for the company and insisted that I give him the amount I will pay. I told him I'm not sure - that it's not something I can just tell him on the phone. He said that "we're past that point."

Anyway, I'm not giving them any info over the phone. I'll only do this in writing. I actually don't need the debt verified, but I'll ask for it anyway - just because I can. Still I'm only going to send cashier's checks and send what I can, but without the company address, that's clearly impossible. What do I do?

I do owe the debt, and I know that. I don't have a problem paying it, but I will not give anyone my bank account information over the phone. I learned during the time that we were making good on all of the other debts that even writing a check can bite you with the scavenger collectors. They can pull the money electronically, and there is nothing (except closing your checking account) that you can do.

My credit is still pretty much shot from everything that's happened. Though we've been much, much better the last 2 years, we've only seen a trickle of difference in our credit scores. So what happens if they sue me? I work freelance, so they cannot garnish my wages. (I'm an independent contractor.) Both of our cars are in both names. I have virtually no savings. My name is on the deed, but not mortgage, to our house. Even then, I don't know that a lien on the property does anything unless we sell the house.

I don't want to go the lawsuit route, but I'm not sure what to do at this point. I'm not sure that I could borrow the money to pay off the debt, even if I wanted to do that - which I don't.
post #2 of 42
What state are you in? There's a good chance that a debt from 2003 is past the statute of limitations and they're just doing a last ditch effort to scare you and get some money out of you.
post #3 of 42
Thread Starter 
I'm in Kentucky. When I originally got the credit card, I live in Georgia. I'm not sure what state - either of mine or where they are located - is the state where the statute of limitations matters.
post #4 of 42
I believe it's your state that determines it. You might want to go to Creditboards.com and read around a bit and ask some questions. I'm pretty sure you can send them a registered letter telling them they can only contact you by mail at the address you provide - that should elliminate contacting other people - and to provide prrof that you owe the debt or cease contacting you. Honestly, I wouldn't pay them anything. It can get stuck on your credit even longer and they are treating you like cr@p. Your original creditor will not see any money from what you pay them, since they sold the debt to collection agencies.
post #5 of 42
I found a table, and I cross checked it with a few other websites, seems like legit info. http://www.consumerfraudreporting.or...lectionsol.php

I have no idea how they decide which states laws to go by...is it the state you lived in at the time you created the debt or the state the credit card company is in or the state the debt collector is in, or do they switch it depending on where you move?

I guess that's why we're supposed to read all that fine print when we get credit cards.
post #6 of 42
don't be afraid to call their bluff. tell him/them you refuse to do anything until they can provide you with information at your correct address. if they refuse to send you something there, just say, well then, i guess you aren't as worried about getting paid for this as you say you are and hang up on them.

you're 100% correct not to give any sort of bank or other credit card information to them either over the phone or in writing. cashier's checks or money orders are the way to go. also, never, ever give them your cell phone number or a work number or address.

only thing you might not be doing that you need to start immediately is a log. record the time they called, who you spoke to and what was said. this will be invaluable to you in responding to any of their correspondence or threats and def. really important to have if it gets to the point of a lawsuit.

as for the statue of limitations - i may be remembering wrong, but i believe it's not 6 years from when you incurred the debt, but 6 years since you made a payment. dave ramsey advises people on this all the time to be very careful not to make a payment to something you don't intend to pay because making a payment kicks off a new time period for them to be able to chase you down and collect.
post #7 of 42
i had a debt that went to that point (by accident and it was a law school debt), and they sent me everything in the mail and we were able to settle it over the phone with no problems.

i was able to get the debt reduced through them (negotiated since i was 'paying in full' with a different loan), and then i was able to pay back the other loan no problems, and my credit went back up.

they should absolutely be able to send you the paperwork. you are never, ever past that point. you can tell him that you have a legal right to receive everything--including legal notices for any lawsuit that they may begin--at your current address. they know this, they're just trying to scare you into acting too quickly.

as for paying it off, i would recommend going to your bank for a personal loan. we used s home equity loan to cover mine, and i paid it back in two years with comfortable payments. i love having a good relationship with my bank!

so, that's what worked for me. good luck!
post #8 of 42
Thread Starter 
Quote:
Originally Posted by eclipse View Post
I'm pretty sure you can send them a registered letter telling them they can only contact you by mail at the address you provide - that should elliminate contacting other people - and to provide prrof that you owe the debt or cease contacting you.
He wouldn't give me an address. I tried Googling them, but they use a toll-free number and an acronym, so I didn't have much luck. DH said he will try when he gets home. The first thing is to contact my family (or apparently DH's, since this is how they're trying to contact me) to tell them not to sign for anything addressed to me and to forward me any general first-class mail they get. I don't know what my rights are if they're sending info to the wrong address.
post #9 of 42
Thread Starter 
Quote:
Originally Posted by zoebird View Post
as for paying it off, i would recommend going to your bank for a personal loan. we used s home equity loan to cover mine, and i paid it back in two years with comfortable payments. i love having a good relationship with my bank!
I'm not sure if I can get a personal loan. Maybe I can get a signature loan. We've had accounts w/ this bank for 4.5 years now, but I don't have steady income that comes with a pay stub. I know I should incorporate and pay myself through the company, but I don't. So perhaps I can use freelance income to secure a loan. It's for $5,000, though, so it's a lot to take on.
post #10 of 42
Honestly, I wouldn't send a dime based on what you've described. It sounds more like a scam than anything.

Run a credit report on yourself and see what comes up. It will include company names and addresses. Settle the debts with them. Not with some jerk calling you up on the phone and refusing to send anything to you or provide an address. That's just not legit.
post #11 of 42
Quote:
Originally Posted by laohaire View Post
Honestly, I wouldn't send a dime based on what you've described. It sounds more like a scam than anything.

Run a credit report on yourself and see what comes up. It will include company names and addresses. Settle the debts with them. Not with some jerk calling you up on the phone and refusing to send anything to you or provide an address. That's just not legit.

what she said.
post #12 of 42
You were wanting to move abroad sometime in the near future, weren't you? They can do a bunch of things that can prevent you from getting a work visa or residency abroad. These countries check to see what pending legal battles you face and will not grant extended visas out of fear of "harboring fugitives". Dh and I have lived abroad several times and this is always something they check before granting temporary residence visas.

I would take the pp's advice and pursue getting this taken care of asap within your consumer protection rights. The sooner the better so you can be sure to be free of it before you start looking to move abroad. It's not just about your credit report... if this gets ugly, it could affect many other aspects of your life including potential employment, insurance, etc. Good luck!
post #13 of 42
Quote:
Originally Posted by BrandiRhoades View Post
He wouldn't give me an address. I tried Googling them, but they use a toll-free number and an acronym, so I didn't have much luck. DH said he will try when he gets home. The first thing is to contact my family (or apparently DH's, since this is how they're trying to contact me) to tell them not to sign for anything addressed to me and to forward me any general first-class mail they get. I don't know what my rights are if they're sending info to the wrong address.
http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre18.shtm

make sure you read the FAQ's on the federal trade commission website. it's got lots of good info on your rights.
post #14 of 42
Thread Starter 
Quote:
Originally Posted by laohaire View Post
Run a credit report on yourself and see what comes up.
I have a credit monitoring service with a monthly report. They don't show up anywhere on my credit report.
post #15 of 42
Thread Starter 
Quote:
Originally Posted by velochic View Post
You were wanting to move abroad sometime in the near future, weren't you? They can do a bunch of things that can prevent you from getting a work visa or residency abroad.
Thank you. This isn't something I'd considered. I didn't know they check into credit history, though I know it can affect job issues.


Quote:
Originally Posted by velochic View Post
I would take the pp's advice and pursue getting this taken care of asap within your consumer protection rights.
What happens if there's a lawsuit? Here's where I am right now. I absolutely will not give them info or make an agreement over the phone. They won't give me their address or any other info. So what do I do?

We have a line of credit we can pull from at a decent interest rate. DH suggested we just do that and not deal with these people. Still, without their info, I'm not sure how we go about it. In some ways, a lawsuit would be preferable because it would at least force them to reveal who they are. I'm just not sure how it works, though - how do we pay once there's a judgment, or could we figure this out in mediation?
post #16 of 42
I really don't think you have to worry about a lawsuit here. I think these people are trying to strong arm you into giving them money you may or may not owe. I think it's just a threat, especially since they wouldn't give you any information about themselves. If you're comfortable sharing, what's the acromnym for the people calling you? I might be able to track down an address.
post #17 of 42
Thread Starter 
Quote:
Originally Posted by eclipse View Post
what's the acromnym for the people calling you?
GVA

I think the worst part is that they called my SIL, who obviously knows it's a collection agency. Grr. Not good for family dynamics...
post #18 of 42
I can't seem to find anything, either. Really, if you haven't already, go register at creditboards.com forums. They have so much information there. Don't do anything until you completely understand what your rights are. In any case - collection agencies don't usually sue people. It's not cost efficient for them.
post #19 of 42
http://800notes.com/Phone.aspx/1-800-921-0001

Hope this helps. Looks like it is a scam of some sort. Hang in there! Debt collectors can be horrible.
post #20 of 42
From the link msejtc posted
Quote:
Genesee Valley Associates 333 Metro Park Suite F203 Rochester, NY. 14623
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