debt collection agency refusing payments

[mountainqt]

What is the name of your state? montana....but a collection agency out of new york is unwilling to work with me and my limited income. they are demanding full balance due now or suing me. I have a legal letter acknowledging a physical hanycap, I'm a single mother, and I now have a moderate well paying job. I am now finacially able to make payments on late bills and everyone else- besides this one collection agency- has been more than accomadating. I told them that I could only afford $100/month, and they replied with, "I'm sorry but that's not acceptable. Pay now or your wages will be garnished and this account will be turned over to your local county clerk and a lawsuit will fallow....and you will be responsible for the charges billed from the actions of that lawsuit along with your previos account balance.
I don't know what to say to these people to make them understand that I'm getting my life back together and I am willing to do what I have to within my finacial abilities.....help me! Tell me what I can do.....any info/advice will help. thank you sooooo much.

 

[Ladynred]

First of all, the collection agency can NOT threaten you with ANY legal action unless they are ABLE to do so (most are not) and INTEND to do so. That in itself is a violation of the FDCPA as stated in this section:

"§ 807. False or misleading representations [15 USC 1962e]

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken. "

Their BS that they will only take the full amount or more than you can afford is one of their usual tactics. They use fear, intimidation and the fact that most consumers don't know their rights under the Fair Debt Collections Practices Act , so they run roughshod over people and violate the laws ALL the time.

Read the FDCPA, first, and learn your rights and what a CA can NOT do. You can find it here:

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

Be sure to thoroughly read section 806 on abuse.

Do NOT talk to these dirtbags on the phone, first rule of dealing with a CA. It is utterly pointless to talk to these people and you are NOT legally obligated to talk to them or return their calls !

Do ALL of your communcating with them in writing ONLy, that is the only way to protect your rights and have any proof of anything if they do sue you. Write up an offer of a payment plan for what YOU can afford, and send it to them Certified, RRR. Wait for the green card, that proves they received your letter. They'll probably reject your first offer, but stick to your guns. If nothing else, if they sue you, you'll be able to say to the judge that you have been attempting to make arrangements to pay but they keep rejecting them. That at least shows that you are seriously trying to pay the debt.

You can find sample letters for this sort of thing on www.creditinfocenter.com and www.creditnet.com.

If you have caller id, great, don't answer the phone. If not, you might want to sign up for it. Don't LET them take over your life and make you afraid to answer your own phone. If you want to stop the phone calls, you can also try a cease and desist letter.. you tell them to stop calling you and ONLY communicate with you by mail.

Hope this helps !