threatening litigation...

What is the name of your state? MO

I got a loan for a gateway some years ago and was paying the monthly 50 bucks till I ran into some financial troubles and was unable to come up with the money...it built up with interest and late fees etc and was charged off , turned over to collections for the amount of 4300.

I received a call from a lawyer who was put incharge of the debt. Harrison ross and Byck. I agreed to pay 320 for the first 3 months then after that I could pay 50-100 a month till it was taken care of. So they call back after the 3 months and demand I keep up with 320 a month which I could in no way afford...eventually agreed on 200 a month which I couldnt really afford either but wasn't really sure what else I could do.

The fact that I couldnt afford it caught up with me in April and I had to put a stop payment on a check, I called them as soon as I got off the phone with the bank and told them, they said no problem mail it to them by the end of the month...Week or so later they call informing me that the check had a stop payment put on it...I said I know, I called you and told you etc etc and they said not to mail that they'd just resend the check..fine whatever.

Monday they call saying that the check came back stop payment again! Even though i didn't put a stop payment on it, the insisted I did. Course they were very hostile about it all and now demanding 2100 by friday or they will take it to litigation. The lady was very rude, would not listen to me at all everytime I tried to talk she would talk over me...then the other lady basically callin me a liar for saying I didnt put stop payment on check, even offered to put bank on 3 way calling, but when I said "Go ahead, dial em up" she quickly changed back to "give us our money!"

They say it could jeapordize my house, car, and boat if it goes to litigation and it could double or triple the amount I owe. (dont own house or boat btw)

I cant afford 2100 dollars, I dont have any friends or family I can get that kinda money from, I have 3 kids and lots of medical bills also pilling up. I'm afraid if they get judgement and garnish my wages/bank account I wont have any money left over for things we need like groceries or rent.

Im thinking my only option right now is bankruptcy, but Im honestly not sure what to do.

Is it to late to ask for validation of debt?

Should I send cease and desist letter, they always call at work and just yell till I cave in.

[Ladynred]

Their threat of litigation is likely just that.. a threat. This harpy screaming at you is a violation of the Fair Debt Collections Practices Act (FDCPA), which you need to read and get very cozy with. Saying you will jeopardize property you don't own..that's a good one.. just goes to show what SHE's full of ...

If you don't want them to call you any more, a modified cease and desist restricting them to MAIL ONLY contact is possible.

IF they sue and IF they win a judgment, they could garnish 25% of your NET income. However, if you are head of household, they can only take 10%. If you don't make up to a certain amount, they cannot garnish at all.

Unless you own an expensive car with lots of equity, they can't do squat to it either. Its unlikely you have any other assets that wouldn't make it under the exemptions, so they're not likely to get a damn thing.

The thing is, even if they do sue, you will have the opportunity to negotiate a settlement or payment plan that you can afford.

The witch is full of hot air. If you can send them $100 a month, continue to do so, or whatever you CAN afford. I'd stop sending them personal checks it you do that and I'd completely stop them from drafting your account. In fact, if you can close that account and open another one you'd be even safer. Talk to your bank and tell them you want to block any and all electronic checks or transactions from this company. I've done it, so it CAN be done. Otherwise you risk them draining your account when you can least afford it.

It's never too late to ask for validation.. and since they've taken to being as sholes about it, I suggest you do the following:
Send them a validation letter. Be creative. Say that you have no idea what this debt is from, and you've been paying on it out of fright due to the harassing and degrading nature of the calls you were getting. Say clearly with dates and times what days you were called by what people... or when you called them. State exactly what was said to you... quote exactly. Say that you're going to see a doctor about the stress that it's placed on you.
Don't say "I'm going because of the stress and I think that it's because of you and I want you to lower my payments because I could SUE YOU." (say it fast, it sounds good) Though that's technically all true.
No, no.. just hint at the fact that these things were said, you have documented the dates and times, and you're going to see a doctor about the stress. Then send your validation letter out alongside it (separate letter, separate envelopes.) State the certified mail status of the other incoming validation request.
I'd be willing to bet you they either call and apologize or get a lot more friendly with their settlement offers and payment arrangements. That's IF they validate.
Demands are just demands. Don't be scared by them and write any more big checks. In fact, don't send any more money until you have a detailed payment plan or settlement agreement IN WRITING and SIGNED by someone authorized to make arrangements with you at their company.

Here's the IFs:

IF they call you after receiving your validation letter (which you've sent certified, RRR), then you record the calls. State the date and time clearly when you do.

IF they harass or threaten you, RECORD them. Record ANY and ALL calls you get from them from this point forward. You don't have to tell them you're recording. Get them to say as much as possible. Let them draw you into an argument, and respond with only facts on your part, but do so in such a way they don't think the fight is over.

IF they leave messages on your answering machine, keep recordings.

IF they send you an affidavit asking you to fill in your bank account information or list your assets/liabilities, do NOT fill it out and do NOT send it in under any circumstances. They'll say that it's a necessary part of any settlement agreement, to which your reply shall be "bullsh it." That's exactly what it is.

IF they demand ANYTHING, tell them that they are not to make demands of you, but rather requests. If they refuse to respect you, you are under no obligation to continue communicating with them. This will all be recorded, remember?

IF they harass you so much you can't take it (but not illegally), then send them a certified letter stating that all contact is to be by mail only. Record any violations of your terms and note the date and time.

You CAN handle this, and you will find it much easier to stomach once you read back through the posts in this forum. I strongly recommend you do so.

Best of luck... keep us informed and let us know if you have any problems or good news

I will open another account asap and transition everything over as soon as quickly as possible.

Im not sure what head of household even means. Im the dad of three kids and husband to one wife and make the most :/

I love how these people assume that instead of giving them money Im out on lavish vacations and driving expensive cars...tooling around the lake on my speed boat....I wish.

I drive a ford focus...we borrow my in laws truck so my wife can get to and from work...the most valuable thing I own is a computer, and it's 5+ years old and a POS.

They already said they wouldnt accept anymore checks from me :/


I'm really tired of being pushed around by all these people....

Thank you for your help.

[Ladynred]

Head of Household - if you provide more than 50% towards the support of your family.. then I'd say you qualify !!

Yes.. they all think we're living lavish lifestyles, just hoarding tons on money and simply refusing to pay our bills for the fun of it. That's the attitude and its rampant in the credit/collection world. To them we're all deadbeats that are only holding out on them.

Got any links to a sample validation letter?

Should I write the other "stress" letter seperate from the validation request?

As far as recording conversation, not sure how to do that, i'd have to get a tape recorder and some form of phone tap...or do you mean just write down what was said.

Something I found kinda funny was after paying 320 for a few months and then them telling me I HAD to pay 200+ and couldnt pay 50 like they had said the lady said "we did you a favor..." I laughed at that one.

Theyve never, not once gave me the debt collector merandum....

"this is an attempt to collect a debt...blah blah blah"

In conversations with them over the phone, the letters they sent have the little schpiel at the bottom.

Not sure if that matters since they are lawyers. :/

And the original creditor no longer holds the debt, it was sold to CACV of Colorado. I am assuming thats a collection agency, but I was never contacted by them directly just these lawyers.

Yes send those two letters separately.

Yes you will have to get a special phone tap or a stick-on mic. You can at worst hold the mic of a regular microcassette recorder near the earpiece of your phone (the part nearest your ear, on the inside, not the outside). That will get them (small sound) and you (much louder one) just fine. If you choose to keep talking to them on the phone, I strongly advise you to record. It WILL come in useful later. I promise you that.

Instead of laughing, smile to yourself and sigh really loud. Does something for you AND them.

The best method of dealing with this is to no longer deal with them on the phone. Everything they say is a lie and everything you say is conveniently forgotten. You need EVERYTHING in writing, and all agreements or arrangements signed by them. That's up to you, though.

Not sure how to write one of these but this is what I came up with...any thoughts?

RE: Account XXXXXXXXXXXX

Dear Sir or Madam:
Due to the harassing nature of the calls, and your associate’s inability to communicate in a respectful and professional matter, I request that you CEASE and DESIST all telephone communications made regarding the above account. Communications regarding this matter shall only be handled through US Mail.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.

Cordially,




Still need to do the validation letter, little worried they may just laugh in my face since it's been some time already (past the 30 days) and I have been paying on it... :/

That looks just great.

The 30-day limit is a soft limit - you can dispute the validity any time you like. Even if they wanted to laugh, they couldn't unless they can produce the documentation to back their claim up.

[Ladynred]

That letter will work just fine.

As for validation, you can demand validation ANY TIME, the 30 days is NOT a limit to request it. The FDCPA Section 809 clearly states:

"c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "

Ladynred, I read the post and wanted to ask how do I get more information on the FDCPA Fair Dept Collection Practice act that you were talking about?

I'm going through the same type of thing and I have been recording all of my phone calls, I do not dispute the contract just the amount and they are refusing to send me anything unless I send them a full payment.

Sorry to air my problems on your post.

Good luck

Is this Curtis Barnes? If so, I have some more advice for you.

[Ladynred]

You can find the FDCPA at [url]www.ftc.gov[/url] under Consumer Protection, then go to Credit. Scroll down the list until you get to the FDCPA.

[lwpat]

Here is the direct link.

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

This is a link to sample validation letter.

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