PLEASE help, collection agency threats

What is the name of your state? Texas

I have been turned over to a collection agency from Cingular Wireless for a final cell phone bill. The final bill is $1200 and the collection agency says they will settle for $821 in full. The reason I'm writing is they called tonight and said if they don't have a check over the phone by 1pm tomorrow they would send my stuff to the local constable, he would serve me and I would be responsible for all court fees on both sides and then have to pay the bill or whatever the judge decided on if they win.

Can they do this???? I'm so lost. I don't wanna be sued and I don't know if they even really would or are just making threats that they don't intend on following through with...which is against the law anyway. They also mentioned garnishing wages...I don't think that is even legal in Texas!!! ANYONE with legal knowledge please help me fast...I need some advice tonight please!!!

HELPPPPP

Thanks,
Jeremy

[Ladynred]

Relax, its a bull**** scare tactic ... you do NOT have to call them by 1pm tomorrow and give them a damn thing. Don't EVER give out your banking information anyway, but these check-by-phone threats are so bogus.

They CAN'T 'send your stuff to the local constable' they HAVE to follow rules of law in order to sue you for anything and that would take them a LOT longer than what their illegal threats are implying.

No wage garnishment in TX is NOT possible.. so he's made a REAL big mistake in threatening legal action that cannot be taken.

So.. ignore the idiot CA making illegal threats.

If you can't pay and want to settle, get a name and address and make your offer in writing only, certified RRR mail.

I would NOT call them for any reason, its pointless. Let them send the normal collection letter with the mini-miranda and your right to dispute.

Thanks! I feel better now..but thats the thing. I haven't recently received ANYTHING from them in writing...Nor has my mom who co signed for me on the cell phone. I did receive one letter months back and I have moved several times, although I always receive my forwarded mail from other places.

I agree with you, the scare tactics are BS! But they could sue me though couldn't they If they really wanted to?

So you think I should call them, give them my new address and request proof of debt???

Then when I get the address...write them back certifed mail with a settlement offer? My girlfriend brought it up..for all I know this guy calling is some whacko wanting my bank account info.....ya know? How do I know his credentials are correct and such.

ANY more ideas?
THANK YOU!!!!!!

Send certified mail to them

[Ladynred]

Well, I wouldn't call them, but the next time they call, and they will, get their address, company name, etc. If they won't give you an address, there are ways of looking it up so you can send your letter(s) to them. They will often claim they can't accept mail payments and also refuse to give out their address, but its more bullhockey. If they refuse to give you an address, you say 'well then, this must be a scam extortion attempt and you are not a legitimate CA business, any legit business would not refuse to give that information'. It can work, they don't like being called scammers and thieves.

Yes, you *could* be sued, its possible. However, its equally possible that the CA does NOT have the authority to sue you, only Cingular can do that. Lawsuits take time no matter what. Look, I have a debt with a CA for about 50K (2nd mortgage that is now unsecured). The CA has been mailing me and calling me for a YEAR and there has been no lawsuit..yet. For that amount of $$$, I expect they eventually will, but so far it hasn't happened.

Relax, they are more likely to hound you for months thru CA's hoping one of 'em will scare you into paying. If you start doing something to at least attempt to make some kind of payment, IF you end up in court that will show in your favor !

Court costs are almost always included in these things, so IF they sue expect it.

Get an address first. Then figure out a settlement offer or a payment plan offer and send it out certified as I mentioned. You have to at least start somewhere, and being frozen with fear over being sued isn't going to help you.

THANKS for ALL your help, I'm going to send them certified mail today with an offer. Thank you

Heres the certified letter I sent today, tell me what you think. Thanks again for all your knowledge...

To

******* ****; Southwest Credit System or whom it concerns,

This letter is in regards to a debt your company states I owe from a past ****** wireless bill. (Reference your # *******)

Me or my mother ***** (the co signer) has received anything in writing from your office with details on this alleged outstanding debt. I have moved several times, forwarded my mail and still have nothing to show from your company.

I wish you to send me in writing to my current address proof of this debt so I can take care of this matter, if it indeed is a legitimate debt I do owe I have no problem at all clearing this up. With the several phone calls varying from “Lucy” to “Greg” asking for different amounts each time. “Lucy stated to me the balance was in the 1200 range, “Greg’s” call stated my full balance was $1427. I want solid proof of the exact amount I owe, consider this a dispute of the amount I owe until I receive written notice from your company detailing these charges.

Based on the amount you say I owe, I can and will pay this debt on a monthly basis to your company via money order and certified mail. I propose to you to pay a monthly set amount of up to $200 (if the actual amount past due is this much) until the balance or settlement amount is paid in full. I will be waiting your response, if I hear nothing via mail, I will consider this matter closed.