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Want to pay collection agency less, or none

Discussion in 'Other Debt, Collection, Garnishment' started by defeated, Apr 28, 2010.

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  1. defeated

    defeated Law Topic Starter New Member

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    I was contacted by a collection agency about my credit card. (The credit card company said they didn't sell the debt, so maybe it's an internal collection agency?) They were rude and insistent, even threating wage garnishment. I succumbed and agreed to pay them $130/month until the amount is paid off. However, now I have learned I could have refused to pay because they can not legally threaten to garnish my check. Now, I have a verbal agreement w/ them on paying this. I have made two payments. My husband is not working enough to help with regular bills and this is putting a huge strain on us financially. If I call them to request a lower monthly payment, do they have to accept it? Or do I have to continue to pay the $130? Is it against the Fair Debt Collections Practices Act for them to threaten garnishment at this point? I know I owe the credit card company, and had great credit until I got a couple of months behind. I don't have a problem paying what I owe, but I don't like being railroaded and taken advantage of either.
     
  2. army judge

    army judge Super Moderator

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    Credit card companies do not collect old (stale) debts.
    If the debt isn't brought current before the credit card is cancelled, the debt is sold to a scavenger.
    You didn't deal with the credit card company.
    As you've discovered, the scavengers and buzzards lie, bully, trick, and deceive to get your money.
    They couldn't attach your wages before you agreed to pay.
    They can't attach your wages, even after they tricked (or bullied) you into agreeing to their demands.

    Your alleged VERBAL agreement is meaningless.

    It is up to you whether you continue to give them one dime.

    Just stop sending them anything, nothing, nada!

    Your family needs that money more than these crooks!!!!!




    By the way, the debt that you owed a $1,000 on, that the credit card company has written off, these buzzards bought for about $10.00!!!!

    You've already payed them about 2.500% more than what they paid for the useless paper receivable!!!



    If I were you, I'd just stop paying them.

    They can't do anything to you, but annoy you.

    To defeat that, just change your telephone number.

    Its cheaper than paying these bullies for something you don't owe to them.

    After you change the number, don't give it to anyone but family members.

    Let the others keep the old number.

    If you give the new number to a pizza company, these scammers will get it.

    So, don't ever give it out.

    These bums can't legally do anything to you about this.

    Why waste your hard earned money paying them something they don't deserve and you owe them?

    They use any means necessary to scam your money away from you, including taking you on a guilt trip about being a deadbeat.

    They're the deadbeats and con-artists.

    You're just another one of their victims. if you choose to be.
     
    Last edited: Apr 28, 2010
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  3. defeated

    defeated Law Topic Starter New Member

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    thanks so much

    Thank you for your help. So, even though the credit card company told me they didn't sell it, I still don't have to deal with the collection agency? The credit card co said they placed it w/ the agency. I specifically asked "Did my account get sold?" They said it did not. Thank you again.
     
  4. army judge

    army judge Super Moderator

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    They tricked you to get your money.

    Those devils lie ruthlessly.

    You weren't talking to the credit card company.

    You spoke with the scammers and they lied to you.

    They are the worse scum on the planet.

    They make money off of the pain of good people like you.

    Don't let them take another bite of food off your table.

    Times are hard for people.

    You're working hard to pay your bills and buy food.

    Don't waste your money on those thieves and liars.
     
  5. defeated

    defeated Law Topic Starter New Member

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    thanks again

    One last thing(?), then hopefully I'll have enough nerve. What, if any, rules or whatever from the Fair Debt Collections Practice Act should I be armed with when I call to tell them not to take any more money from my bank account? Keep in mind, I verbally agreed to make the payments. I think in KY verbal agreements are binding. Not sure on that one.
     
  6. army judge

    army judge Super Moderator

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    You have no duty to pay.
    You aren't paying under any court order.

    But, if they have your bank account information, they won't stop without a fight.
    You might have to tell the bank to stop the deductions.
    If you don't, they'll try to take more of your money than they should.
    Giving them access to your bank account wasn't wise.
    These people are crooks.
    Don't ever trust people like them with your bank account information.
    You don't even know they are who they claim to be.
    My goodness, these people are thieves.


    This has nothing to do with that useless, toothless federal law.
    This is based on contract law.
    You have no signed contract with these OUTLAWS.
    You don't have to pay them.
    Any agreement they claim they have with you, they have no proof.
    You didn't sign anything.
    Verbal agreements are useless and unenforceable.
    Why?
    It is your word against theirs.
     
    Last edited: Apr 28, 2010
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  7. ColinR

    ColinR New Member

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    If you challenge based on their lack of proof to any contract, would this mean that the debt is invalid and would that therefore mean any negative marks on your credit report would have to be removed?
     
  8. army judge

    army judge Super Moderator

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    Challenging those credit bureaus is a waste of time.
    Yeah, I know people think they can challenge it, but nothing rarely happens.
    I'm merely advising why you shouldn't pay debts you don't legally owe.
    My advice about credit is, don't use it.
    Get a credit card with a $500-1,000 limit and use it for car rentals and hotel reservations.
    Credit bureaus are Nazis that screw people.
    Why play that game?
    I choose not to worry about what they say.
    I buy things I can afford.
    I never finance anything.
    So, I don't know what those credit bureau OUTLAWS do.
     
  9. defeated

    defeated Law Topic Starter New Member

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    I agree

    I agree w/ you on the credit thing. I wish I'd always stuck to my guns, but I got weak. I just called the collection agency and told her she violated the FDCPA, which she denied. She said she never told me was going to go to litigation for wage garnishment. I told her she did, blah blah blah. She hung up on me. So, I'm heading to the bank to have a stop payment put on it. Thanks so much.
     
  10. army judge

    army judge Super Moderator

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    Good for you.
    Those creatures are crooks.
    You shouldn't even talk to them.
    They are liars and con-artists.
    Talking to them is like making a deal with Satan!
     
  11. ColinR

    ColinR New Member

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    Well unfortunately the way identity, credit and other personal data is collected and reported affects more than obtaining an Amex... Companies, schools and other non-lending institutions routinely check credit reports of applicants in a way to triangulate someones character, I guess....
    What a shame...
     
  12. army judge

    army judge Super Moderator

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    Yes, I understand.
    But, if you never had any credit, they would have no derogatory information on you.
    The system is set up to screw you.
    They want everyone to get addicted to their credit crack!
     
  13. defeated

    defeated Law Topic Starter New Member

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    I don't care about my credit anymore. I know it is important, even for some job applications. But, it seems beyond repair at this point. The credit card companies won't even listen to me now. So, even if I can get to where I could afford to pay all in full, it would have to be paid to the collection agencies that hold the accounts. I guess.
     
  14. mightymoose

    mightymoose Moderator

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    NEVER give them your account info. If you are going to pay, send checks.
    Contact your bank to see about stopping any automatic payments. If it isn't too much hassle you might want to open a new account and transfer your balance. If they ever do get a judgment against you, you don't want them to have your account info.
     
  15. defeated

    defeated Law Topic Starter New Member

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    I contacted my bank about stopping automatic drafts from coming out of my account. It didn't cost too much. Now I can sit back and dread all the nasty phone calls and letters from the collection agency!!
     
  16. army judge

    army judge Super Moderator

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    Change your telephone number.
    It may cost you nothing or $10-20.
    It's cheaper than $150 every month.
    Don't give it to anyone, no one.
    Just friends and family.
    Not even the pizza guy or your job.
    If you do, the crooks will get it.
    Also pay for it to be non-published.
    Peace and quiet.
    The letters just ignore them, tear them up.
     
  17. defeated

    defeated Law Topic Starter New Member

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    Now what?

    Ok, I took care of the first collection agency, temporarily anyway, by telling them I am not paying. Now I have received a notice from my local circuit court stating that I have 20 days to notify them of my intent, I think, on a separate collection agency. This notice was sent from a law firm in my state to my local circuit court. From the circuit court to me. It clearly states in one of the documents that the collection agency purchased the debt from the credit card company. They have the name of the company I work for listed at the top of the letter as a POE (?). Don't know what that means. So, now that the court is involved, can I still get out of paying the sharks, or can they garnish my wages? (I live in KY)
     
  18. army judge

    army judge Super Moderator

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    These are crooks and scammers.
    Don't worry about them.
    They are trying to scare you into paying them what you don't owe.

    Okay, I see where this is headed.
    First of all, POE is place of employment.
    You gave them that when you made the arrangement.

    No worries.
    Now you have to appear in court at the appointed date and time.
    Do not be late.
    All you have to do in court is deny the debt.
    Then, ask them to produce the note (contract) you signed when you requested credit.
    They can't and they won't.
    When they fail to produce it, you'll win.
    The judge will kick the case.


    What amount do they claim you owe?
    How old is the debt they allege you owe?

    Now, I'm not sure that you've been properly served.
    I'm not sure that you even have a court date.
    So, follow up tomorrow and inquire of the court about this case.
    Let me know what the court tells you.

    Okay, even MORE good news.
    In KY, 75% of your disposable (after expenses) income is exempt from seizure.
    Or, 30 times the federal minimum wage which approaches $8/hour.
    So, either 75% of your disposable or $240, whichever is greater; those thieves can't touch.

    If the debt they are trying to scam you on is older than FIVE years, it is unenforceable at law.





     
  19. army judge

    army judge Super Moderator

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    Some additional information on garnishments in KY.

    http://www.kylawhelp.org/node/1265
     

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