• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Debt collections\prelegal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

rocco23

Guest
What is the name of your state? minnesota

I have a credit card that went to collections. The name of the company that is trying to collect on the bill is Academy Collections Service. Claiming they are a prelegal service and that they're going to take me to court. Does any one know of a way for me to find out if they are a pre legal service or if this is just a scare tactic? I didnt have the money to meet the amount they wanted so I offered to pay $100 and they refused it. Can they do that? I did have the intention of sending them money every month but the amount i offered was never good enough and they refused to except it. Also I resquested that I can get copies of all the information they have on me and they refused to send it to me. Dont I have a right to that information? Also if I do go to court for this how can I get either a ruling in my favor or a payment plan that will fit my budget? I am also singned up with a debt consildation agency but the collections peole keep saying they wont deal with them any advice for that too. also the collections agency is claiming not to be and is calling themselves a pre-legal service to the oroginal credit card company whats the diffrence?
thanky you
 
Last edited:


racer72

Senior Member
You are asking the CA to do a couple of things they do not have to do. 1. They do not have to accept payments. Your monthly payment agreement is with the original creditor, not the CA. Besides, no matter how much a month you offer, it will never be enough. A little hint. Do not pay with a check from your primary checking account or give the CA access to any account information. They can and will drain your account given half a chance.
2. The CA does not have your account information as far as payments and charges. All they have on you is your name, address, phone number, account number and how much you owe. You already have that info. They just want to collect a legal debt.

If you go to court, the lawyer for your creditor will show the judge you signed agreement and your current outstanding balance. And what can you show in defense? You can give a sob story but the judge cannot dismiss a legal debt. Also, unless proof of extreme hardship is shown, the court will not force the creditor to accept a payment plan acceptable to you. Many judges believe it is not the courts place to make payment plans. And if you allow it to go the court, you will also pay the court lawyer fees. Do whatever it takes, beg, borrow, or steal to payoff the CA or consider bankruptcy.
 

Ladynred

Senior Member
How old is the debt ?? How long since you last paid on it ?? What's the balance ?

As Racer72 said, they don't HAVE to accept your offer of payment, but that doesn't mean you can't TRY to send them a payment plan that YOU can afford. The key is to do it all in WRITING only, talking to them on the phone is pointless. "Pre-legal" ? Never heard that one before, but its a 99% possibility they are a collection agency.

They DO have to honor your request for the details of the account they're trying to collect on, but, again, you're going to have to do it in writing. Send a validation demand letter (a version with a questionairre is best) certified, rrr, and keep all the receipts. Once they receive it, they must stop collection activities until they validate the debt.

There are excellent validation letters at www.creditinfocenter.com and at www.creditnet.com (register, its free) in the discussion area. Its worth reading up on debt validation at creditinfocenter too.

You should also read the FDCPA, that is the law that governs what CA's can do, it also defines just who is considered a 'debt collector'. You can read the Act at www.ftc.gov, then Consumer Protection, then Credit. Look for the Fair Debt Collections Practices Act and get real familiar with it. If they are harrassing, abusing, or making threats, they are most likely also racking up violations of the FDCPA !
 
R

rocco23

Guest
the debt has been in collections for about 4 months. the debt is about 2,000 dollars. i dont recall when i last paid on it before it went to collections. I also have a couple more questions.
1) how do i find out the statute of limitations on the debt?
2) how do i find out if the collections agency bought the debt from the Credit card company.
3) i have reason to believe they violated part of the fdcpa. but i have no way of proving aside from my own basis of time frame. is there anyway i can use it in my favor?
 

bigun

Senior Member
For SOL information, try www.creditinfocenter.com.
If you relly wish to stir the pot, send them a validation letter demanding they validate this debt and one of the questions you can ask is proof of there authority to collect the debt. I've no idea what you mean at the end when you say they violated the FDCPA but you have no proof aside from your own basis of time frame.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top