threatening debt collector & bankrupcty questions

[ZOIE]

What is the name of your state? Indiana. I have a debt collector that sent me a letter on 6-14-05 demanding payment. This is the third debt c. that has had this acct. But this one is threatening civil action as of 9:00am on July 1, 2005. Can they file this fast? I sent my vaildation letter ccc to them today, am I too late? If I file Bankrupcty will this stop them? How far back do the courts look for sold real estate property when you file BK? What is the sol on credit card debits in Indiana? Is it from the date of the last payment?
Thanking everyone in advance for your help. Zoie

 

[Ladynred]

But this one is threatening civil action as of 9:00am on July 1, 2005. Can they file this fast?

Proabably not, sounds like an arm-twisting tactic to me.

Is this their FIRST letter to you ??

I sent my vaildation letter ccc to them today, am I too late?

It is never too late to ask for validation, but if its been more than 30 days since their initial letter, then they don't have to cease collection action.

If I file Bankrupcty will this stop them?

Absolutely.

How far back do the courts look for sold real estate property when you file BK?

The general rule is 1 year, but they can go back futher than that.

What is the sol on credit card debits in Indiana? Is it from the date of the last payment?

6 years, beginning on the date of first delinquency - usually the first missed payment after which no further payments were ever made.

 

[ZOIE]

This is the first letter I have gotten from them & I got it 14 days ago.

 

[Ladynred]

this one is threatening civil action as of 9:00am on July 1, 2005

If that's their first letter, boy have the violated the FDCPA in a big way. Was the mini-miranda on the letter (..'this is an attempt to collect a debt' etc.) ? Was the 30-days to dispute verbage on the letter ?? If neither was present, you can nail them for these violations.

 

[ZOIE]

Yes, the mini miranda was in this letter, it is a standard "debt collection" notice. Tuesday this man called from the collection agency at half a minute after 9:00am, my daughter told him I was asleep & he TOLD her to go wake me up! She hung up the phone on him. He called back & left a message on the answering machine that she was rude to hang up on him & that he was going to file a civil suit. He calls about twice a day & talks loudly on the machine calling out my husbands & my first name, how rude! He has threatens us about the civil suit & me owing this debt and garnishing my husbands wages. Can they garnish my husbands wages even though this is not in his name?
Ladynred, I want to thank you for your advice three years ago & now. Zoie

 

[bigbarkingdog]

Yes, the mini miranda was in this letter, it is a standard "debt collection" notice. Tuesday this man called from the collection agency at half a minute after 9:00am, my daughter told him I was asleep & he TOLD her to go wake me up! She hung up the phone on him. He called back & left a message on the answering machine that she was rude to hang up on him & that he was going to file a civil suit. He calls about twice a day & talks loudly on the machine calling out my husbands & my first name, how rude! He has threatens us about the civil suit & me owing this debt and garnishing my husbands wages. Can they garnish my husbands wages even though this is not in his name?
Ladynred, I want to thank you for your advice three years ago & now. Zoie

Credit cards are unsecured debts. They are pretty much SOL to start with. This is why they are pushing for reform. So they can screw people into the ground further. Credit cards are the worse thing for this country.

How old is the debt?
Bankruptcy if you need to file for other stuff as well, will silence them completely.

 

[Who's Liable?]

Credit cards are unsecured debts. They are pretty much SOL to start with. This is why they are pushing for reform. So they can screw people into the ground further. Credit cards are the worse thing for this country.

Completely untrue... CC are good for people... BUT the majority of people are UNEDUCATED on how to use CC wisely... Our education regarding money is the worst thing for this country...

 

[Ladynred]

Well, this collector is stomping all over the law and you need to bring him up short. There is no way your husband's wages could be garnished for YOUR debt, not in IN, its not a community property state. Calling AFTER 9PM is yet another violation of the law. Threatening legal action that he cannot take nor intends to take is a violalation. If the 30 days to dispute verbage was not on the collection letter, then its BIG violation. If it WAS on the letter, then they are still guilty of violations, the threat clearly overshadows your right to dispute and there are several cases where collectors have been slammed for that practice.

File a complaint against this company with the FTC and you state Attorney General. You can send this idiot a cease and desist that tells them no phone calls, all communication must be in writing ONLY. Record his calls, get his violations on tape.

 

[Rnay]

Suggestion

ZOIE, if you are able to get one, an answering machine to prescreen your calls at home is a very handy thing. They aren't expensive and are very easy to use. I have one that has a generic pre-programmed (default) greeting. When hooking it up, let those people you want calls from know you are screening all calls and to leave a message so you can pick up their calls if you're home. I strongly suspect these jerks will tone it down if they have to go on tape. And they get frustrated and likely will quit calling much. They will ramp up the mailings, but then you have a communication from them in writing. Useful evidence of any rights violations. I imagine one could use the phone message tapes as well but the written stuff is better.

Just a thought from a friendly who has been there.

 

[bigbarkingdog]

Completely untrue... CC are good for people... BUT the majority of people are UNEDUCATED on how to use CC wisely... Our education regarding money is the worst thing for this country...

Credit cards are terrible for people. The only thing they are good for is holding reservations and emergencies. What could possibly be good about lending people money to buy every day things and pay for the next decade?

Banks are allowed to get away with murder for the most part as well. Interest rates and fees are as bad as your average loan sharks. I used to work for a credit card company. I saw all the damage and dirty tricks they do.

 

[ladylover]

Judgement was ordered against my father who is 83 yeras old and out of country

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I need to file a motion to vacate a judgement in NJ. my father has not been served properly. He is sick and dying in another country and was not in USA when they send him the summons.

Please help.

 

[Ladynred]

Ladylover, please create a NEW thread for your question, its more likley to be answered if its not piggybacked onto another's thread.