ISO legal-debt advice

[Britttany_love]

I have a few past credit cards that im in debt with. I got a call today from a collection company claming to be an attourney who was down right rude. Im wanting some advice from an attouney about how to go about the situatuion. They are like 5 or 6 years old and im not sure what the statue of limitation is on these sort of debts... and i need alittle information. Can you help me?

[Big Juan]

Try www.debtorboards.com for current info and experiences.

TX has one of the shortest Statute of Limitations for consumer debt. You can read the statute there.

Be careful what you own up to when you receive the calls. You can demand they stop and to handle correspondence by mail only. Even if the statute has run out, they can still file and you have to petition the court to dismiss. They pay pennies for your old debt and have that much to lose.

[RALPHEY BOY]

first of all Brittany NOTHING THEY CAN DO TO YOU!!!! nada, zilch..you live in Texas the best state for Consumer Debt laws.

BigJuan, each state is different, I have seen thousands and thousands of credit reports and rarely to never does any Credit Card company sue you in Texas,, I would say less than 1% chance that would happen to you...yes you are right they pay pennies on the dollar so never pay more than 10% of what they even say you owe...if you indeed want to get of off now.

if its a collection over 24 months leave it.. if you say its 5 or 6 years old then after 7 years of last date of activity it falls off of your credit by LAW!!!..

if you want to ask me more questions just PM Me I can call you to discuss I am in the credit biz

[atlcomedy]

Brittany,

You are actually very fortunate. One of the favorite tactics of the more aggressive debt collectors is to try to contact you at your place of work, either by phone or (less often) in person. Given your line of work it would cost a debt collector a pretty sum to call on you at your place of business

[Krunkman]

Most debt collectors are NOT attorneys. They either buy the debt lists from someone else or they have an agreement with whoever owns the debt to collect.

These people will lie and manipulate you in any way they can in order to get you to give them money. NEVER do anything over the phone! ALWAYS be aware that they are recording the conversation. Tell them if they want to settle something, put it in writing and mail it to you. Otherwise you are at risk of getting ripped off. Personal debt collectors are the worse, though business collectors can be jerks too.

[macksback]

Originally Posted by Krunkman

Most debt collectors are NOT attorneys. They either buy the debt lists from someone else or they have an agreement with whoever owns the debt to collect.

These people will lie and manipulate you in any way they can in order to get you to give them money. NEVER do anything over the phone! ALWAYS be aware that they are recording the conversation. Tell them if they want to settle something, put it in writing and mail it to you. Otherwise you are at risk of getting ripped off. Personal debt collectors are the worse, though business collectors can be jerks too.

+1

[Britttany_love]

It is back from 2005 they have sent me many of collection notices in the mail but today was the first time they have actually called at it my cell phone number they have on file. All i said was that i dont have any money and that im behind on all my bills and will not pay. I also told them that this was my cell phone and for them not to call and she said they will continue to call.

[Natalie Reign]

Brittany:

Send them a letter stating that they are only to correspond with you in writing from this point forward.

The Statute of Limitations on credit card debt in Texas is 4 years. This means that they can only attempt to collect from you 4 years after the account charges off, which is usually 180 days after the last payment made.

DO NOT make any payments on any of those cards, as you will restart the SOL period and destroy your Statute defense.

Send requests for validation to any and every collection agency attempting to collect from you. Long story short, if a collection agency can't prove that you legally owe a debt, it has to be removed from your credit report, even if the 7 year period hasn't passed yet. You can find several examples of validation letters and other credit repair correspondence on a variety of Internet consumer credit forums.

A few of my favorites are CreditNet, CreditBoards, and InfiniteCredit. Good luck!

[Capt. Lincoln F. Stern]

I have tried this trick with a small measure of success
Right after Thanksgiving file challenges on all credit blemishes with the credit companies.
I think the SOA is 30 days to prove the credit blemish and because you filed AFTER Thanksgiving, that puts the credit company in a small bind trying to dig/research your challenge during the "retail season"

Often times they go past the 30 days and then getting the charge re-instated is trickier.

[JohnnyFarangly]

I realize it is difficult in you business, but the best approach is DONT ANSWER THE PHONE.

Save the number(s), as 'AH' or something you will recognize and never answer again.
If you do answer, when you realize who it is, either say, "Do not call me again.", or hang up, or start speaking some pidgin foreign language a feign not understanding the caller. Then hang up.

NEVER, EVER give them any information about anything.

Did I say, DONT ANSWER THEIR CALLS ! ?

[otrdriver]

you can block their calls on your cell phone. If you aren't sure how to do call your cell phone provider. Tell them it is an old boyfriend who is bothering you or change your number

[74comet]

Next time they call tell them to "cease and desist" and that all correspondence must be in written form from this moment forward. They are the three words debt collectors hate to hear. As for the calls on the cell phone, advise them that this is your work phone and to stop calling that number. They must follow your wishes or they will be subject to criminal and civial liabilities under the Federal Fair Debt Collection Act.
By the way, what Natalie said about not sending a payment is sound advice. Even if you send $1 this will reset the clock on the statute for collection.

Good luck! They can be bastards but that is their job to intimidate people.