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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 04-08-2000, 03:05 AM
Starlight
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I have never used a message board before, so I am unsure what to expect, but I have a question. My husband and I have been married since 1996. We needed a car but neither he or myself had any credit, so we had to go through a high interest finance company. In 1999 we became pregnant with out first child, it was a difficult pregnancy and our son was born ill. I was unable to work and my husband continued to work, but was only making minimuim wage. We could no longer afford to pay for the car loan, so I contacted the finance company and asked if they could re posses the car. Ofcourse they did and told me that they would sell the car and apply what they got out of it on the balance we owed. Several months passed, I heard nothing from them. We moved out of state (and left a forwarding address), and recently they contacted me about the balance.
At first I didn't know who they were when they called me. The reason was because the original finance company that I was dealing with sold my account. When the new "owners" of the account called me, they had no information about my account, they only new that I owed them the money. I asked if they knew what happened to the car, and ofcourse they said they had no idea. I told them that I needed to discuss this with my husband, and asked if they would call me back the next day. Well, they decided to send this to their collections department before even giving me the chance to talk this over with my husband. Then the harrassment began. The calls were so rude, the man that I spoke with told me that I needed to go get 2 or 3 jobs to pay the account off. I explained to him that my husband works very hard, but I have a sick baby, and he has to come first. I then offered to pay the account off, but I can only afford to pay 25$ per month. They refused this payment from me saying that the account was "charged off", and they would only accept 100$ payments. I explained to him that I couldn't afford that, but would be willing to give them the 25$ payments until I could afford to give more. He told me that they were through with me, and that I was worthless and needed to consider filing bankruptcy. I am really unsure of my rights right now, they have already told me that they were sending the account to they lawyers. I dont want to go to court over 2,700.00$. If any one has any advise, please let me know. We are a young couple (21 & 24), we have a small baby, something like this can destroy us. They already told me the judge will garnish my husband's wages, and if that happens, we will not be able to live own our own. I just can't understand why they wouldn't accept my payments and would rather spend more money taking us to court. Please, any advise??
  #2  
Old 04-09-2000, 03:46 PM
Lguidance
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ok, check out freeadvice.com's credit/creditor sections
also, under the fair debt collections practices Act, if the harassment becomes excessive, you have rights
  #3  
Old 04-09-2000, 03:52 PM
Lguidance
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They can't use foul language or threaten violence,imprisonment, or that they'll take your stuff
They can't call before 8 am or after 9pm
The agency can't publish you as a debtor nor tell people the amount
The agency can't lie about who they are or call you many times over

If it is excessive, contact the FTC
and your state's department of consumer affairs
Another option is a cease and desist letter, which would then stop all further communication about the amount owed

try [url="http://www.clarkhoward.com,"]www.clarkhoward.com,[/url] that site may have more information

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