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Old 06-07-2012, 01:58 PM
 
Location: Los Angeles area
14,016 posts, read 20,898,193 times
Reputation: 32530

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Quote:
Originally Posted by ToeJam View Post
I disagree. There is plenty of advice out there if you look for it. Instead of paying a lawyer, inform yourself (which coming here was a good start). Once you know what the debt collectors can and can not do and know your rights, you can handle it yourself.
Visit www.creditboards.com (sorry if I am not supposed to post that link here). I have received those same letters and was able to get everything cleared up to where I have awesome credit now all by knowing my options and steps to make the harassment stop.
What harassment are you talking about in the case of the original poster? He owes a debt of $5300, and is being sued for it. How is that harassment? The more I think about this, the angrier I get. There is a moral issue here. If people don't have the means to pay, then they should not charge stuff on a credit card. Whatever happened to going without? How is it that the whole matter gets turned on its head and the bad guys become the good guys and the good guys become the bad guys? People who run up credit card debt they cannot pay are irresponsible to the max.

Notice I am not addressing your case, but that of the OP. If there are mistakes made and the debt is not legitimate, then there may be genuine harassment. And if the collection agencies are violating the law (e.g., calling in the middle of the night and stuff like that), then of course they become the bad guys. What I do not understand is the assumption that the OP is somehow a victim. He has given no information that would lead us to that conclusion. The victims are the holders of his debt.
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Old 06-07-2012, 02:03 PM
 
Location: Table Rock Lake
971 posts, read 1,452,528 times
Reputation: 959
Quote:
Originally Posted by ToeJam View Post
I disagree. There is plenty of advice out there if you look for it. Instead of paying a lawyer, inform yourself (which coming here was a good start). Once you know what the debt collectors can and can not do and know your rights, you can handle it yourself.
Visit www.creditboards.com (sorry if I am not supposed to post that link here). I have received those same letters and was able to get everything cleared up to where I have awesome credit now all by knowing my options and steps to make the harassment stop.
I agree with ToeJam, educate yourself on what to expect the court might do. Surely someone here has been through a similar expierence. The court MIGHT let you pay monthly payments, someone should know except an expensive lawyer. Like a poster said, check with the county clerk to see if any papers have filed in your name. You might have to speak with the county clerk in person and prove your idenity before they will look.
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Old 06-07-2012, 03:06 PM
 
Location: 213, 310, 562, 909, 951, 952, 315, ???
1,538 posts, read 2,615,386 times
Reputation: 1869
Quote:
Originally Posted by Escort Rider View Post
What harassment are you talking about in the case of the original poster?
If the summons is not a legitimate court summons (many of them are not) then it is a form of harassment.

I am not saying that the OP shouldn't pay back money that is owed, but the intimidation of the debt collector obviously worked since they came to the board to ask questions. I am sure there was mention of wage garnishments also. These tactics are against the law, but they work and debt collectors are willing to take that chance. Google "fake court summons debt" and see just how often this happens.
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Old 06-07-2012, 05:13 PM
 
17,278 posts, read 21,998,333 times
Reputation: 29586
How was the summons delivered? If you were served by an officer of the court then it was real. If it came in the mail, non-registered then it was a scam.

$5300 should be able to be settled for $1200-1500 but you will get a 1099 for the difference so you will owe the IRS tax on the 4K+/- of forgiven debt. They will not tell you about this, but you will get a 1099 in the mail next January!

If it was real, more than likely the court will push you into mediation at which they will try to get a payment plan/settlement. If you don't show they will get a full judgement on you then can move to garnish wages etc. Don't ignore it if it was a real summons.
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Old 06-07-2012, 06:11 PM
 
5,760 posts, read 11,541,357 times
Reputation: 4949
Quote:
Originally Posted by Escort Rider View Post
The more I think about this, the angrier I get.
Well, that is nature's way of telling you to stop thinking about it.

Quote:
There is a moral issue here. If people don't have the means to pay, then they should not charge stuff on a credit card.
A little bit quaint at this point of the game. Those ideals were pretty much sold out somewhere after the start of Wealth Without Work Reaganomics.

The .gov unleashed the banks to charge Usury levels of interest + all the other charges -- likely less than 1/2 of these claims against the OP were for actual legit purchases -- the rest is just markup and made up.

The banks make so much gouging folks they can afford to sell these claims off to collectors for dimes on the dollar and still make money. If an employer goes broke and leaves an employee credit card unpaid -- it can then even come back on the (now unemployed) former employee.

Seriously E.R. the days for outage at the ethics are long past, and I think your gun is pointing in the wrong direction. I figure the faster and deeper "The People" gouge the banks back the better for all of US.
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Old 06-07-2012, 07:25 PM
 
Location: Los Angeles area
14,016 posts, read 20,898,193 times
Reputation: 32530
Quote:
Originally Posted by ToeJam View Post
If the summons is not a legitimate court summons (many of them are not) then it is a form of harassment.

I am not saying that the OP shouldn't pay back money that is owed, but the intimidation of the debt collector obviously worked since they came to the board to ask questions. I am sure there was mention of wage garnishments also. These tactics are against the law, but they work and debt collectors are willing to take that chance. Google "fake court summons debt" and see just how often this happens.
O.K., agreed. If the summons was fake I would call that fraud, and would certainly agree that it's "a form of harassment".
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Old 06-07-2012, 07:40 PM
 
Location: Los Angeles area
14,016 posts, read 20,898,193 times
Reputation: 32530
Quote:
Originally Posted by Philip T View Post
A little bit quaint at this point of the game. Those ideals were pretty much sold out somewhere after the start of Wealth Without Work Reaganomics.

The .gov unleashed the banks to charge Usury levels of interest + all the other charges -- likely less than 1/2 of these claims against the OP were for actual legit purchases -- the rest is just markup and made up.

The banks make so much gouging folks they can afford to sell these claims off to collectors for dimes on the dollar and still make money. If an employer goes broke and leaves an employee credit card unpaid -- it can then even come back on the (now unemployed) former employee.

Seriously E.R. the days for outage at the ethics are long past, and I think your gun is pointing in the wrong direction. I figure the faster and deeper "The People" gouge the banks back the better for all of US.
Well, my sense of ethics may be "quaint", but my ideals will remain as they are. It is a shame that people's word is no longer to be taken at face value. And it is an even greater shame that you, and so many others, view this as O.K.

It may surprise you that we agree on something, however. We agree that the interest rates and other charges levied on credit card debt are absurd. But the proper remedy, in my view, is not to play the game; after all those charges are disclosed to us ahead of time. Therefore, I pay off my credit card in full each month. If I couldn't do that I would not have a credit card or it would remain unused.

The attitude difference between us may be partly a generational thing - I am now 68. But I remain in control of my own actions and I sleep soundly at night by sticking to my own sense of integrity and honesty, which will never become obsolete as far as I am concerned.
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Old 06-07-2012, 07:47 PM
 
Location: Australia
4,001 posts, read 6,270,045 times
Reputation: 6856
I can't believe they are suing you for such a low amount.

I owe about $20k which I haven't paid a bean on for a year and they've done NOTHING.

I'm a debt collector so I know how to play the game.

I'll end up paying them half that, or even getting it all written off.

Before the moral crusaders get on their high horse, most of it is interest and added costs and I have zero sympathy for the dodgy behaviour of the credit card company since all this started...another story.
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Old 06-08-2012, 12:30 AM
 
4,246 posts, read 12,021,657 times
Reputation: 3150
lol, the irony
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Old 06-08-2012, 07:03 AM
 
Location: Los Angeles area
14,016 posts, read 20,898,193 times
Reputation: 32530
Quote:
Originally Posted by MsAnnThrope View Post
I can't believe they are suing you for such a low amount.

I owe about $20k which I haven't paid a bean on for a year and they've done NOTHING.

I'm a debt collector so I know how to play the game.

I'll end up paying them half that, or even getting it all written off.

Before the moral crusaders get on their high horse, most of it is interest and added costs and I have zero sympathy for the dodgy behaviour of the credit card company since all this started...another story.
Too late. This moral crusader had already gotten on his high horse before you posted the above. And he finds your gloating about how you will beat the system to avoid paying what you owe despicable.
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