Information Needed Soon,Debt Collection...

[pumpkin1787]

What is the name of your state? Ohio

I recieved a letter at the end of July from an attorney saying they were wanting to collect a debt of $287.50 from where a cash advance had been taken out in my name,although not by me,i had found out who done it,and i had called the "online cash advance" toll-free number and made them aware of the fact that i hadnt taken the advance out,although they told me since it was online they couldnt really do anything about it unless there was hard proof and what not,which with it being an online advance its difficult giving them the "proof" they need.Anyways,i called the lawyer's office that the letter had came from,and i didnt get to talk to an attorney or nothing,i talked to a woman who referred to herself as an "account manager" or something along those lines,and i explained to her that i didnt take out this debt,BUT under the circumstances as of who did i was willing to repay this rather than be taken to court or arrested or what not,BUT i couldnt pay the whole $287.50 all at once that i would have to set up some sort of arrangements due to the fact that im off work to have a baby in a couple weeks,and my fiancee just started a new job.She became rather snotty about things and told me that she would settle for $254.50 but as far as payments go she didnt want to deal with payments,so she suggest i just pay what i can pay by the 31st of August,and IF the debt wasnt paid in full then the case would go into the hands of one of the attorneys at the lawfirm,im only 19 years old,so i was trying to ask her many times what that meant,what would happen then and what not,but she never explained herself,im going to call back today and see about getting a couple week extension until my fiancee gets his first full week check,but could someone please explain to me what "could" or "might" happen IF the matter is p assed onto the attorney and what not? im all confused

[Mr.Bill]

Originally Posted by pumpkin1787

What is the name of your state? Ohio

I recieved a letter at the end of July from an attorney saying they were wanting to collect a debt of $287.50 from where a cash advance had been taken out in my name,although not by me,i had found out who done it,and i had called the "online cash advance" toll-free number and made them aware of the fact that i hadnt taken the advance out,although they told me since it was online they couldnt really do anything about it unless there was hard proof and what not,which with it being an online advance its difficult giving them the "proof" they need.Anyways,i called the lawyer's office that the letter had came from,and i didnt get to talk to an attorney or nothing,i talked to a woman who referred to herself as an "account manager" or something along those lines,and i explained to her that i didnt take out this debt,BUT under the circumstances as of who did i was willing to repay this rather than be taken to court or arrested or what not,BUT i couldnt pay the whole $287.50 all at once that i would have to set up some sort of arrangements due to the fact that im off work to have a baby in a couple weeks,and my fiancee just started a new job.She became rather snotty about things and told me that she would settle for $254.50 but as far as payments go she didnt want to deal with payments,so she suggest i just pay what i can pay by the 31st of August,and IF the debt wasnt paid in full then the case would go into the hands of one of the attorneys at the lawfirm,im only 19 years old,so i was trying to ask her many times what that meant,what would happen then and what not,but she never explained herself,im going to call back today and see about getting a couple week extension until my fiancee gets his first full week check,but could someone please explain to me what "could" or "might" happen IF the matter is p assed onto the attorney and what not? im all confused

First of all you need to understand that your account is in the hands of a collection agency. This collection agency is using their attorney as a front to throw you off gaurd. Your initial letter that came from the attorney should have had the mini-miranda on it - advising you that the letter is from a debt collector and that you had thirty (30) days to dispute the validity of the debt. If they didnt - stop right there cause you have an FDCPA Violations case against them.

If they did have it on there - then send them notification that the debt is disputed - advise them why you are disputing it - and make them prove the debt to you. Doing this will give you some time to help raise the money to pay them off if they can come back to you and prove that the debt is yours.

The lady who you spoke with sounds like a seasoned collector - they dont want to deal with any payments and try to get the balance in full so that they can make more commission (all collectors get paid commission - that is why they want to collect as much as possible - so that they can make more $$$).

Anyways - for anything less than $300 - they probably wont file a lawsuit against you - its too time consuming and not worth the effort - especially if your young and have no assetts. See what happens with the dispute letter and go from there - remember to get it out as soon as possible to protect your credit! Demand that they not list the debt with any third party credit reporting agencies until such a time as the debt is validated...

Good luck!

[pumpkin1787]

Thanks for the reply,ive been so stressed out over all of this.It's just unbelievable.i mean i didnt press any charges against who had taken the loan out in my name,and i dont wish to press charges because its a relative of mine,and i dont want to see them getting in trouble anymore than i would want myself getting into trouble.Im not exactly sure what you mean about a mini-miranda,i will have to get the letter out and see what all it has to say,and maybe i could scan it onto here and get your opinion as to if its collections or what not.As i said,im only 19,so therefore this is all just one HUGE stressful worriesome mess! As i said before THANK YOU SOOO MUCH for the response...i highly appreciate it!!!

[Ladynred]

The text we refer to as the 'mini miranda" usually starts with : "This is an attempt to collect a debt**************"

It should also tell you that you have the right to dispute the debt within 30 days and they will the provide certain information.

If that verbage is NOT on the letter, then it is a violation of the Fair Debt Collection Practices Act (FDCPA) - which I suggest you read in it's entirety:

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

You're only 19, time to start learning your rights. One day, you will also learn that not pressing charges for a crime just because it was perpetrated by a family member, doesn't do them any good at all, and it does nothing but hurt YOU in the end.

[pumpkin1787]

well i contacted the law office that was taking care of collecting this debt,and again i didnt get to talk to an attorney,a "supervisor account manager" took my call,and she wasnt much more helpful than the last one i talked to.She informed me that if i didnt have a credit card,or a check by phone to do at that present time then the case would be out of her hands,and it would be taken on by one of the attorneys in the law office and they would take whatever actions seen as fit by them personally.I asked her what that may end up being,and she told me she wasnt an attorney so she couldnt tell me,it was up to them,but she said that i would be much better off to pay the debt to her so that it wasnt put in an attorney hand because ill end up being bit,i tried explaining to her i didnt have any credit cards,or a checking acct. but she wasnt accepting that.I guess mainly what im asking is What are some POSSIBLE things that are most likely to take place one this case is placed in one of the attorneys hands? Is an officer going to show up at my door to arrest me now? am i going to be summoned for court? sued? what? im not trying to sound stupid,but this is an issue i know nothing about.Any reply would be greatly appreciated!!!!

[Ladynred]

First of all, this sounds like nothing more than a collection agency.. don't get hung up on the 'attorney' part if it, in far too many cases that means squat - they're debt collectors - period.

What makes me say that is the pressure tactics they are using, the evasiveness, the veiled threat of legal action, etc. What is the name of this 'attorney' anyway ??

As already stated, its very unlikely you'd be sued for such a small amount. However, since you want to know what's POSSIBLE:
- they do sue you - they file a lawsuit and you would be served a summons and Complaint
- you would have to either file an Answer to the lawsuit or go to court (or both)
- IF they win a judgment, they could then garnish wages, sieze your bank account(s), place a lien on property (if you had any), and basically hound you for 20 or so years until the debt is paid.

Oh yes.. rule of thumb DO NOT CALL DEBT COLLECTORS ! Make all your dealings with them IN WRITING and keep the paper trail.

[pumpkin1787]

See the whole thing of the matter that is really getting me is the meer fact that whenever i talk to an "account manager" she always says that "im not an attorney,i just work at the attorneys office" is what throws me off,although it does come up the name of an law office on our caller id...my main concern was that a cop wasnt going to show up at my door and cuff me because im 8months pregnant right now,and thats something i definately dont need! i realize how talking to the on the phone wasnt really an intellegent thing to do,but they just keep calling and calling and calling over and over again.As far as property goes,i have none,i dont have any active banking accounts,and at the moment im not currently working because of the pregnancy.this whole ordeal is just majorly stressing,i didnt know where else to turn to for answers to my questions so i came here,thank you for your reply,you dont know how much i appreciate it!

[Ladynred]

You can't be arrested for not paying a debt in the USA. Debtor's prisons were abolished in the late 1800's.

Their constant harrassment is a violation of the FDCPA, which is why I urged you to read it.

Turn the ringer on the phone OFF,- works like a charm. If anyone you WANT to talk to calls, they can leave you a message or you can see them on your caller ID.

[pumpkin1787]

Thank You sooo much! You dont know how much stress you just lifted from my shoulders!!! whooo...im really relieved to know that i cant be arrested,i hope i dont sound stupid or nothing,i just dont know much about laws or nothing yet thats why i turned to this forum for help.Dont get me wrong,i know the debt needs to be paid off since it's in my name,but right now its not exactly possible...Thanks again,i think you just made my day with that bit of info.

[Ladynred]

You're welcome

[chryder]

Originally Posted by Ladynred

The text we refer to as the 'mini miranda" usually starts with : "This is an attempt to collect a debt**************"

It should also tell you that you have the right to dispute the debt within 30 days and they will the provide certain information.

If that verbage is NOT on the letter, then it is a violation of the Fair Debt Collection Practices Act (FDCPA) - which I suggest you read in it's entirety:

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

You're only 19, time to start learning your rights. One day, you will also learn that not pressing charges for a crime just because it was perpetrated by a family member, doesn't do them any good at all, and it does nothing but hurt YOU in the end.

I received a letter from a collection agency [which I referred to in another thread re: what might constitute renewal of the SOL.].

In the middle of the letter there is the statement: "This communication is from a debt collector and is an attempt to collect a debt."

Is that sufficient? If not -- and in the absence of proper statement -- what is the next step?

Thanks.

chryder

[Ladynred]

That is not sufficient IF it is their first letter to you. Per the FDCPA the notice MUST contain the following:

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

3-5 +b are what makes up the 'mini-miranda'.