Debt Charge Off - In Collections Now

[CX3265]

What is the name of your state? TX

I had a credit card that was charged off (original charge off $4000 in 12/2002) and is now in collections. Before it went to collections I was working with them to get it paid down, and had the balance down to $2900 as of 10/2003 but was unable to pay anymore. It is now with a collection firm that I have heard nightmares about. I know the SOL is Texas is 4 years. Does that start from the time it was originally charged off in 2002? It had been charged off multiple times since then, the last being 10/2003. The only reason I know is because of my credit report. I want to work with them but I can barely afford to live (I have a wife and a daughter with another on the way). I can't find any paperwork from them showing the debt had been transfered or taken up by them. Can the collector report on my credit or just the original creditor? What are the chances that they would take me to court over this amount? They have been constantly calling, blocking their caller id and not leaving messages. The other day they left me a message saying this is about my home. I know they cannot touch my house or my wages.

 

[dtown7]

Been there

SOL should start from the date when you fell delequent. If you make any payments then you'll just be re-starting the 4yrs for the SOL. Both the original creditor and the scum sucking collection agency can report the debt. I personally would tell them I will sue them for violating FDCPA Section 806 (harrassment) & FDCPA Section 807 ( for trying to threaten to take your home) under the Consumer protection afforded by the FDCPA at $1000 a piece. Then I would tell them I will use that money to pay my debt. Send them a cease and desist letter by certified return receipt request (make a copy) and if they still call you then you can sue them for violating FDCPA Section 805 (c). You'll have that debt paid off before you know it; thanks to them. They might try to take you to court to get a judgment against you. Who know's what those crazy's will do. If they keep violating the law hopefully you'll be taking them to court. Hopefully you saved the message they left. Document every time they call as well. Be strong.

 

[CX3265]

SOL Restart?

I thought in the state of TX the SOL did not restart after you attempt to make additional payments. I thought it was from the first date it was written off regardless? Anyway, the debt was SOLD to this collection agency in April of 2004 (this year). How long does the collection agency usually try to collect before trying to take you to court? I am very worried about doing anything in court as I do not have any money for court costs or anything.

 

[Ladynred]

When or even IF you'll be sued is a crapshoot. There aren't any 'standards' to go by. TX is a VERY debtor-friendly state so suing someone doesn't mean they'll get easy money.

One thing, charge-off can only happen ONCE - after 6 months of non-payment. What you're seeing on your reports is the STATUS of the account - reported as a charge-off - which is correct.

 

[CX3265]

Charge Offs

On my credit report it is showing that it shows the following:
Charge Off as of 10/2003, 9/2003, 7/2003, 6/2003, 5/2003, 4/2003, 3/2003, 2/2003, 1/2003, 12/2002. Are those just status reports? Like I said before, I really want to work with these guys to get the debt payed off but can only afford around $25/month. I'm afraid since the debt is around $2900 that they will not accept that. Is there anything I can do if they do not want to accept what I can pay?

 

[Ladynred]

The charge-off happened in 12/2002. The rest is just as I said, the are reporting the STATUS of the debt as of the rest of those dates.

You can try to negotiate with them, but you're probably correct that they won't take $25 a month.

 

[atlchick]

I just joined this site for some real advice on consumer issues. I hope this isn't the kind of advice most people are really giving on here. I am apalled at the comment you just gave and think you should grow up. People aren't perfect and make mistakes and that doesn't mean that they are bad. Someone like you is worse for making such a comment that is so inhumane. Most people want to pay their debts and are afraid of consequences to them.

 

[I AM ALWAYS LIABLE]

I just joined this site for some real advice on consumer issues. I hope this isn't the kind of advice most people are really giving on here. I am apalled at the comment you just gave and think you should grow up. People aren't perfect and make mistakes and that doesn't mean that they are bad. Someone like you is worse for making such a comment that is so inhumane. Most people want to pay their debts and are afraid of consequences to them.

My response:

Really? You made a mistake?

No, my friend. You didn't make a "mistake". You failed to look at your checkbook BEFORE you creamed your wife!

How the hell are you going to have ANOTHER child, when you can't even afford to pay your current debts? You want to answer that one?

Yeah, it's Welfare time, and it's time for your wife to take advantage of Roe vs. Wade.

IAAL

 

[atlchick]

It looks like you edited your post and took out that rude comment you had on there before. Not that this one is any better! It is obvious you are a collector.

 

[I AM ALWAYS LIABLE]

It looks like you edited your post and took out that rude comment you had on there before. Not that this one is any better! It is obvious you are a collector.

My response:

No, I'm not a "collector". I'm a "responsible realist" - - something you wouldn't know anything about.

How about answering my question?

IAAL