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  #1  
Old 07-08-2005, 04:25 PM
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Join Date: Sep 2002
Location: Georgia
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Unhappy

Collection By a Law Firm

What is the name of your state? Florida
we have been paying a law firm $78.00 a month for the past 18 months for a credit card collection. when they first sent us the notice 19 months ago, they said that they would send the sheriff to take our furniture and anything that we owned, so we began making the payments.by the way, there was no number of payments specified, just the $78.0 a month.. all of the payments were on time except 2 and they were only a day late, and they threatened us again with the sheriff. the original credit card debt was about 2200.00 and they asked us to settle it for 1500.00 when we first started making the payments, but we didn't have that kind of money and had to make the payments. when they call they are nasty and thretening.
my wife doesn't work because she takes care of me. i am a 100% disabled vet and we live on disability. originally, the credit card account was in my wifes name.
my question is.... if i stop making payments, can he take anything by sending the sheriff? or what can he really do?

Thanking you in advance for your advice...
Vietnamvet
  #2  
Old 07-08-2005, 04:44 PM
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Join Date: May 2005
Location: Dallas, Texas
Posts: 182
Quote:
Originally Posted by vietnamvet
What is the name of your state? Florida
we have been paying a law firm $78.00 a month [ ... ] <b>they said that they would send the sheriff</b> to take our furniture and anything that we owned, so [ ... ] when they call they are nasty and thretening.
Thanking you in advance for your advice...
Vietnamvet
Go to Budd Hibbs's site - [url]http://www.budhibbs.com/[/url]

DO NOT pay them another dime. It's a shame you have been paying them anything without an agreement. They could be squandering your money.

If the original creditor didn't get a judgement against you, then they can not send any Sherrif.

If Florida allows you to tape the phone calls, get a tape recording of them threatening you. Once you have this, you can take them to small claims court and get several thousand dollars out of them for various violations. You can also use this to negotiate away that debt.

Don't let them continue to threaten or harass you.

How old is the debt anyway? If it out of the Statute of Limitations? If so, you may not need to pay it.

Research this... But DO NOT let them harass you. They love to harass you - but are not allowed to by law.
  #3  
Old 07-08-2005, 05:25 PM
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Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by vietnamvet
What is the name of your state? Florida
we have been paying a law firm $78.00 a month for the past 18 months for a credit card collection. when they first sent us the notice 19 months ago, they said that they would send the sheriff to take our furniture and anything that we owned, so we began making the payments.by the way, there was no number of payments specified, just the $78.0 a month.. all of the payments were on time except 2 and they were only a day late, and they threatened us again with the sheriff. the original credit card debt was about 2200.00 and they asked us to settle it for 1500.00 when we first started making the payments, but we didn't have that kind of money and had to make the payments. when they call they are nasty and thretening.
my wife doesn't work because she takes care of me. i am a 100% disabled vet and we live on disability. originally, the credit card account was in my wifes name.
my question is.... if i stop making payments, can he take anything by sending the sheriff? or what can he really do?

Thanking you in advance for your advice...
Vietnamvet
No, the CA will not send the sheriff. In fact, it sounds to me like they are violating the FDCPA. REPORT THEM FOR EACH VIOLATION. Below is a link that explains your rights under this important act and how to file a complaint.

[url]http://www.creditinfocenter.com/legal/FDCPA.shtml[/url]

I also want to point out that since you have been making payments the SOL has not expired on this debt, so there is no relief from this that way. However, you can request that the CA only contact you by mail. Per the FDCPA, if you make this request, they must comply. Send them the letter CRRRM so that you have proof it was sent.

The only thing the CA would be able to do if you stop paying, is to take you (your wife) to court to seek a judgment. Make sure they have your correct address to send you the notification if they are planning to do this.

Good luck.
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  #4  
Old 07-08-2005, 06:45 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
In addition, even with a judgment they could NOT take 'everything you own' !! There are exemptions from siezure to satisfy a judgment and it usually protects just about everything. Chances are there would be NOTHING they could take from you at all !
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I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 07-08-2005, 07:17 PM
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Join Date: Sep 2002
Location: Georgia
Posts: 44
Quote:
Originally Posted by marbol
Go to Budd Hibbs's site - [url]http://www.budhibbs.com/[/url]

DO NOT pay them another dime. It's a shame you have been paying them anything without an agreement. They could be squandering your money.

If the original creditor didn't get a judgement against you, then they can not send any Sherrif.

If Florida allows you to tape the phone calls, get a tape recording of them threatening you. Once you have this, you can take them to small claims court and get several thousand dollars out of them for various violations. You can also use this to negotiate away that debt.

Don't let them continue to threaten or harass you.

How old is the debt anyway? If it out of the Statute of Limitations? If so, you may not need to pay it.

Research this... But DO NOT let them harass you. They love to harass you - but are not allowed to by law.
The debt was originaly from 2001. what will happen if i stop paying them?
  #6  
Old 07-08-2005, 07:27 PM
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Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by vietnamvet
The debt was originaly from 2001. what will happen if i stop paying them?
All of your questions have been answered correctly by Ladynred and myself. Some of the info given by marbol is misleading. I wouldn't go by what he said.
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I've no time for broads who want to rule the world alone. Without men, who'd do up the zipper on the back of your dress? - Bette Davis
  #7  
Old 07-09-2005, 02:00 PM
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Join Date: Sep 2002
Location: Georgia
Posts: 44
One other question**************..I live in Florida but someone told me that a collection agency or debt collection co. cannot touch any VA disability income or Social Security disability income. Is this true??????
thank you,

vietnamvet
  #8  
Old 07-09-2005, 02:07 PM
Senior Member
  
Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by vietnamvet
One other question**************..I live in Florida but someone told me that a collection agency or debt collection co. cannot touch any VA disability income or Social Security disability income. Is this true??????
thank you,

vietnamvet
Yes, as far as I know that is correct. This type of income is exempt from garnishment or levy.
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I've no time for broads who want to rule the world alone. Without men, who'd do up the zipper on the back of your dress? - Bette Davis
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