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Debt Collector making threats

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jmarie80

Junior Member
What is the name of your state? Florida

This is actually on behalf of my sister and her husband who reside in Florida. They have been contacted several times by a debt collection office regarding an outstanding debt (unfortunately one of many) and are considering bankruptcy. They want to do the right thing and pay everything off, but they've had rotten luck with debt relief agencies who claim to help them pay their debts off. The total debt they have was an estimated $150,000.00 which is disheartening to them. Well after the failed attempts with the debt relief agencies, they started writing to the individual companies asking for assistance to make payment arrangements and explaining in the letter what amounts they are able to do monthly. Some of the companies are willing to work with them and have allowed a monthly payment arrangement and even went as far as to remove interest rates and fees associated with some of the credit cards on these. Since then, my sister and her husband have been doing well paying those loans off. HOWEVER, there are a couple of the companies who are not only refusing to allow for payment arrangements, but also are refusing to do anything in writing. In fact, all communication from them have been by phone. Even though my sister has sent several letters with return receipt requesting that information be in writing from now on. The most recent call was a message left by the collection agency who stated that they were calling to advise that they are submitting the loan information for processing in a civil lawsuit. Can they do that? Advise by phone that they are going to sue my sister? We have the message on the answering machine still and my sister is really scared. She wants to pay her debts, but if they are threatening legal action, then she feels she may have to consider ch 7 bk. If anyone has any information, she would definitely appreciate it.
 


Mstevens

Junior Member
You should check out this site: www.creditinfocenter.com

They have a lot of info on there about what the law actually says. As far as I understand it, a collection agent can't threaten to sue you if they really have no intention to do so...that's againt the law. Besides, even if they do sue, your sister can file a slow pay motion with the judge, so I've been told anyway, and the judge can decide what they can afford to pay. Even beyond that, if they get a judgement, they have to try to enforce it as well. They can't get what you don't have. My husband and I filed bankruptcy on a lot less debt than that and it was a major relief for us! Once we calculated our debt to see how long it would take to pay it off by making the small payments, it would've taken years and years and years!! Once we filed bankruptcy though, we even started getting pre-approved credit card offers right away. Anyway, for what's it's worth, I wish them the best.
 

Ladynred

Senior Member
150K of debt ??? !!!! :eek:

They will be paying on that until they're in their graves !! File for CH 7 bankruptcy and stop the agony. In FL their home is 100% exempt. If they don't have a lot of other assets, then CH 7 might work. If they do have other assets or a lot of disposable income, a CH 13 payment plan would still relieve them of a LOT of that debt as they'd only have to pay a percentage back on unsecured debt.

If your sister has sent them a cease and desist letter telling them to stop calling, then they are violating the FDCPA if it is 3rd party collectors that are harrassing them. If its the original creditors calling, then the FDCPA doesn't apply.
 

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