How to do this

[longsally111]

What is the name of your state? South Carolina

I sued Prudential and won 1100.00. See thread under buying and selling a home. Husband called today to see when we could get the money and the agent got nasty with him on the phone, stated they had sent the judges decision to corporate and that they had 30 days to appeal. My hubby told her that if they appealed, we would report her and her broker ( judgement was against both) to the real estate commission and we would go back and sue for the compound interest on this money from October 24th ( when we should have had it) up until now.
So my question is 1# How do we collect
2# Can we sue for the interest
3# What is the allowable interest rate
4# Can the judge amend his order or do we go back to court again?

 

[TigerD]

What is the name of your state? South Carolina

I sued Prudential and won 1100.00. See thread under buying and selling a home. Husband called today to see when we could get the money and the agent got nasty with him on the phone, stated they had sent the judges decision to corporate and that they had 30 days to appeal. My hubby told her that if they appealed, we would report her and her broker ( judgment was against both) to the real estate commission and we would go back and sue for the compound interest on this money from October 24th ( when we should have had it) up until now.

Not smart. 1. You can't have compound interest like that. 2. Appealing is their right. You can't threaten them for choosing to exercise their rights.

So my question is 1# How do we collect

Either learn how to do it or hire someone to do it for you.

2# Can we sue for the interest

Interest is automatic on a judgment.

3# What is the allowable interest rate

State sets the rate. Google it.

4# Can the judge amend his order or do we go back to court again?

A judge can do pretty much anything they want to in their court. Why?

###
On a side note this is quite humorous. You have posted many negative items about debt collectors and how to weasel out of your bills. Now you are seeking information on how to stop someone from doing the same to you.

From a previous posting of longsally's ### All you have to do is call the county where you go the ticket. Not too hard. Also, you could look up the information for SOL in the internet and I agree, most of [collectors] are scum suckers.

10/30/2006 -- I will not go into the circumstances but I defaulted on a Capital One credit Card in 2002. They sold the debt to a collection agency. The SOL has run out and after 4 years, noone is going to do anything. My question is this: Today I got a letter from Capital One offering to settle this account. If they sold it, why are they continuing to try to contact me? Can they do that?

09-21-2006, 07:03 PM -- What is the name of your state? South carolina
My mother called and said a cc company had called her house looking for me. She is in Florida, stated I did not live with her or even in the state and then asked what the call was about.
The company told her who they were, what they wanted and how much was owed. I then recieved a frantic call from wanting to know what was going on. I got the info from her and called the agency. I got a supervisor on the phone and when I told him what his employee had done and that I knew it was illegal, he stated that the particular person was new and didn't know better, sorry. He then went into how much money was owed.
I told this man, after getting his name and mailing address that I would be suing his company for what he and his employee did and by the time this was over, they would be owing me.
He said that they did nothing illegal and that suing then woule be a waste of time. Wasn't it illegal for them to give my personal account balance out to my 70 year old mother?

 

[Kanman]

Oh my longsally111, you are being held to account by a debt collector. That is like being morally judged by OJ Simpson.

 

[longsally111]

It is a shame isnt it?

Tell me about it Kanman. He NEVER tells people they can win in court, only calls them names and tells them to pay. They could be starving and about to be homeless with their last 100.00 and DC would tell them to pay their debts. I am surprised he is still allowed on the boards. He NEVER gives any real advice, only puts people down. Its really shameful.

 

[Zigner]

Tell me about it Kanman. He NEVER tells people they can win in court, only calls them names and tells them to pay.

Yet, in his reply to you, he did neither

 

[Kanman]

Tell me about it Kanman. He NEVER tells people they can win in court, only calls them names and tells them to pay. They could be starving and about to be homeless with their last 100.00 and DC would tell them to pay their debts. I am surprised he is still allowed on the boards. He NEVER gives any real advice, only puts people down. Its really shameful.

That is because if you look around this forum, there are many here, including the senior posters, who are very pro debt collecting. Those that try to help debtors end up with locked threads.

Never take advice from a debt collector. Good luck!

 

[longsally111]

actually zigner, I have A LOT of experience with him and that is his MO. Your right, he berated me for asking how to collect money and inferred that I was a deatbeat who was getting what I deserve. If you couldnt pick that up, your missing something.

 

[aant]

I believe that many posts on here are pro-debt collection because it's a legal advice website & it's the law to pay legitimately owed debt. I haven't been around the site enough to weigh the 'pay the debt' vs 'tips for contesting the debt', but more of the former may be evident because that's what the law favors.
In other words any legal advice site is going to be on the side of the law, with advice on utilization of the law to circumvent debt being the exception rather than the rule. The law favors collection. I disagree with much of what's gotten through legislation, like the balances that balloon exponentially over time with no limit in sight, but that's how it is right now. I guess it's better than jail time, which is what used to happen.
Reviewing DC's responses to the suing Prudential situation, I see that each of your questions was responded to, & I didn't actually see any name calling. Would that matter in the end anyway? Were you looking for legal advice, or moral support? Either one is valid, of course, just consider your audience. There's probably another website for peace & understanding.
DCs lie on the phone regularly. One called me today at my job, spoke to the admin assistant, acted like he misunderstood her last name for mine, & proceeded to tell her the past due amount & could he take that from her today. I don't believe for a minute he didn't understand my TV-announcer-Midwest-English-perfect-pronunciation assistant. The "He's new" excuse rang cold with me years ago. Train your collectors then before putting them out there if straightforwardness & accuracy are that complicated to learn. I'd have only a few chances to say "Sorry, I'm new" before there'd be a door-print on the back of my pants.
OK well it's not an opinion website either but there mine is.

The borrower is slave to the lender... as Dave Ramsey says.

 

[TigerD]

DCs lie on the phone regularly.

Well, I disagree with that. That there are bad people in an industry as larges as the accounts receivable industry is goes without saying. However, given the number of consumer contacts collectors have each year and the number of complaints, without excluding the baseless complaints, collections is one of the best industries in the US.

One called me today at my job, spoke to the admin assistant, acted like he misunderstood her last name for mine, & proceeded to tell her the past due amount & could he take that from her today. I don't believe for a minute he didn't understand my TV-announcer-Midwest-English-perfect-pronunciation assistant.

And that is a violation. He should have verified identity before discussing anything. That isn't a new v. old thing. It could have been a mistake, but it is a mistake that collectors working for me would only make once and keep their job. You have a valid complaint if you choose to pursue it.

DC

 

[aant]

Well, I disagree with that. That there are bad people in an industry as larges as the accounts receivable industry is goes without saying. However, given the number of consumer contacts collectors have each year and the number of complaints, without excluding the baseless complaints, collections is one of the best industries in the US.

Well I could, if I made the time, probably find some statistics on it & you'd be able to counter them with another equally valid set of stats. So I'll just leave that as it is then.

And that is a violation. He should have verified identity before discussing anything. That isn't a new v. old thing. It could have been a mistake, but it is a mistake that collectors working for me would only make once and keep their job. You have a valid complaint if you choose to pursue it.

Which should I pursue, I wonder. The running of the mouth to my assistant, or the fax I got about a year ago from another DC, to my work, with my SS# on it in LARGE PRINT? I could go on, but that gives you an idea of why I made the first statement about dishonesty in the industry. I'm too busy to pursue that stuff. It's like getting robbed of $10.50 seventeen times; not worth the effort to pursue but it sure gets irritating over time.
Your next comment might be 'well why don't you just pay then?' & I would answer with - the first time, I didn't have it (& had informed them of such during the many times they called me at work - when I asked her not to, she countered with an aggressive version of the 'let's make a deal' approach, saying "I'll quit calling you at work when you start paying."). Yesterday, I had forgotten. Should have called them first, looking back on it.
That woman who called me at work all the time knew I was working as a nurse on the floor. I told her I was in a room with a patient & she still wouldn't let it go. What happens when someone in a job like that screws up a dose of something after repeated agitating phone calls with a DC? A little less ruthless & a little more careful would behoove them before the 'wrong end' winds up in court.
It is encouraging that you would not tolerate the above violation. A little integrity's never a bad thing no matter what business we're in.

 

[Kanman]

You seem like a very level-headed person aant. You do have several federal violations you can use against them, and there is nothing saying a small claims court lawsuit is all encompassing, ie you can sue for each violation for up to (but not guaranteed) $1000. You even have physical evidence re the fax which is best.

However, you stated that you did not have the time to go after them, which is understandable. Then might I suggest, in the very least, go to your attorney general's webpage and fill out a complaint form on them. It is easy to do.

It takes several complaints to form an investigation and bottom-feeding collection agencies have to abide by federal law. This is how CAMCO and a few other CA's were shut down most recently for their unscrupulous collection practices.

 

[TigerD]

You seem like a very level-headed person aant. You do have several federal violations you can use against them, and there is nothing saying a small claims court lawsuit is all encompassing, ie you can sue for each violation for up to (but not guaranteed) $1000.

Again you are wrong. the maximum award is $1,000 plus fees and costs per action not per violation.

Sigh, At least read the FDCPA.

DC

 

[aant]

Thanks to you both for your input.
I was so angry I threw the fax in the shredder. I told myself the satisfaction of pursuing it wasn't worth the agitation it would have caused me to EVER look at that offensive piece of paper again.
I'll re-read the FDCPA & get a little more knowledge.
What's the difference between an action & a violation?

 

[Kanman]

Oh...and you can report unlawful debt collectors to the FTC as well, just go to their website for info.

 

[TigerD]

Thanks to you both for your input.
I was so angry I threw the fax in the shredder. I told myself the satisfaction of pursuing it wasn't worth the agitation it would have caused me to EVER look at that offensive piece of paper again.
I'll re-read the FDCPA & get a little more knowledge.
What's the difference between an action & a violation?

An action is your filing suit.
A violation is the instance or instances the action based on.

DC