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  #1  
Old 05-13-2003, 05:40 PM
greyhoundlady
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collection agency using scare tactics


What is the name of your state? Maine
My son owes on a visa credit card. Balance is 1100.00 approximately. Last night at work he got a phone message stating that he was to call a number regarding "charges by the State of Maine".
Today he calls the number and is told that if he doesn't post date a phone check for the total due the state will attach his wages until the amount is paid in full.
Being sufficiently scared he post dated a check that he can in no way pay and was told at the same time that there would be an additional fee of 75 dollars if the check bounced.
What can he do? He has been making an effort to pay the debt albeit not consistently due to little financial emergencies that keep arrising.
He is a good kid, but got into debt early and is trying to get out of debt on good faith. Are scare tactics like this legal? Does he have any options regarding setting up a payment plan?
We appreciate your assistance with this matter.
  #2  
Old 05-13-2003, 07:54 PM
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Join Date: May 2001
Posts: 6,454
The only way his wages can be attached is if, the creditor sues and wins and gets a judgment.
The creditor is not obligated to set up plan. The question is, who is calling? The orginal creditor or, a collection agency?
  #3  
Old 05-13-2003, 08:06 PM
greyhoundlady
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collection agency, risk management associates. Should he put stop payment on the post dated phone check that they coerssed him into giving them?
  #4  
Old 05-13-2003, 08:50 PM
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Join Date: May 2001
Posts: 6,454
If he can't honor the check, yes stop payment.
He has some rights. He needs to go to this site and get familiar with the Fair Debt Collection Practices Act.

[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

He does have some rights. He can demand validation. A sample letter can be found here: He also needs to stop talking on the phone. Have him send a letter saying the only contact will be by mail.

[url]http://www.creditinfocenter.com/forms/sampleletter9.shtml[/url]

But, I wouldn't send it until he's sure he knows what he's trying to accomplish.

Not trying to be rude but, why isn't he on here asking these questions? He's the one that is dealing with these people. He ought to be learning how to handle this stuff.

Last edited by bigun; 05-13-2003 at 08:53 PM.
  #5  
Old 05-14-2003, 05:20 AM
greyhoundlady
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He works third shift and was sleeping when I decided to come to you guys for advice. I will show him these threads this morning when he gets home and have him add any information that I may have missed or misconstrued. I have printed the information that you recommended for him to study and I will suggest the stop payment to him.
You are very kind people to listen and offer your advice like this.
Thank you very much.
  #6  
Old 05-14-2003, 09:36 AM
kevinss
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Be careful to remember: until a creditor sues and wins a judgment, you don't owe them any explanations, and THEY have the burden of proof. Talking to them on the phone is pointless because they will lie to you and try to confuse you in order to get what they want: Money.
My advice, since your son's checking account information is now in their posession, is to have him change his account to another bank. Never give a collection agency a check or checking information - money orders only.
I would encourage him STRONGLY to read back through the threads. Also, you may record calls without the consent of the other party in your state. If they call after the "no phone contact" letter is sent, record them and state the time and date when you do. Save copies of ALL letters they send. Save copies of all letters you send them. Send all letters by certified mail w/ return receipt requested (this way, they can never say they didn't get something.) As stated earlier, pay by money order ONLY. Get all agreements or arrangements from them BY MAIL and signed before you send them ANY money. Don't give up after your first, second, or third offer letter. If you offer them even 20% of the balance and give them no reason to believe they have any assets to go after, they will take it. Again, make sure all arrangements are in writing. If they sell the balance after you settle, be sure to use debt validation with whoever gets it next. They will likely not have the records necessary to sue you, and thus give you no reason to pay them.
That's all I can think of that you'll need to know right away. Be sure to do everything from now on in writing. It will make your life and his so much easier and more pleasant.
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