First Financial Asset Management Deploys Debt Collection Solution from ... Business Wire (press release)
“Latitude software’s open architecture and multitude of pre-built custom interfaces has enabled us to quickly and easily integrate it with our back-office accounting and IT systems, which has resulted in reduced labor and programming costs,” said FFAM’s chief investment strategist and EVP, Matthew Maloney. “Combined with cost-effective Latitude licensing and efficiencies gained in our accounting, IT, and client service departments, we’ve saved more than $250,000 annually since deploying the software in 2004.”
FFAM, an accounts receivable management and debt purchasing firm, replaced a legacy debt collection product with Latitude Center , a software suite designed to streamline and manage the entire collection and portfolio management process, as well as track collection agent goals and productivity.
Latitude Center supports FFAM’s more than 300 employees, including collection agents and debt portfolio managers located at the company’s headquarters in Atlanta, Ga., and offices in Phoenix, Ariz., and West Palm Beach, Fla.
Georgia Debt Collections Agency
debtcollectionservices.com - Free Georgia debt collections agency advice and quotes to help you with your debt collections now. Are you annoyed ...
How do I get a debt collection agency that has the wrong number to stop calling me?
Some debt collection agency in Georgia keeps harassing me, looking for somebody named Sarah at my phone number. I do not know a Sarah. They have the wrong number. I have told them multiple times that they have the wrong number, but they keep calling me (obviously they think that I'm lying). How do I get them to stop calling me? They call with restricted numbers so I don't even know how to get back to them.
You need to be civil 1st off, being a jerk to these people will only result in more calls. Tell them this is not Sarah's number, and that you need to be put on there do not call this right now. And if you get another call, you will involve your attorney.
If being polite doesn't do it,
and filing a phone company complaint doesn't do it,
try lodging a complaint with the Better Business Bureau that covers the area where the collection agency is located. The BBB will contact the firm, and many companies take the BBB pretty seriously.
Illegal for collection agency to talk to spouse in Georgia?
I heard through the grapevine that Georgia law had changed in the State of Georgia that no debt collector could talk to a spouse in the State of Georgia. Can someone give me the code for this?
chek gergias web site they post all the laws of the state on it
If the spouse was/is married when a debt is/was contracted, by either spouse, both are equally responsible for the debt.
I don't believe any law would be passed to prohibit contacting either one or both.
Harassment, is unlawful for both.
Debt collection- i want to pay but can i....?
i got a letter from a debt collection agency. i do want to pay it off but i can not pay it in full or within 60 days.
if i just send them a check every month with any amount (whatever i can afford) can they still sue me?
and what are my other options?
i dont know if its important, but i live in georgia
they have send the letter this year on sep. 30
its a bill for my old apt
the thing is, i told them, i cant pay it off in full or $260 a month and they said then , that i should just get a Second mortgage or get a loan or whatever
i am asking the question again because i had forgotten some info.
Don't send them a dime until you have a written agreement about repayment. Debt collectors are lying, stealing thieves and if you just start sending them random amounts of money they may not give you full credit for your payments. The key here is that they need to put the repayment plan in writing so you have legal proof of your agreement.
Tell them plain and simple that you don't have the money to pay them in full. They'll be jerks and yell and call you names etc, so just hang up. Make it clear to them that you aren't going to speak to them unless they talk like a rational, polite adult. When they do, you can explain that you want to pay them off but you can only afford a certain amount per month. Lay out exactly how much you can pay, how often and how many total payments it will be. Your repayment plan should be something like $260 per month, every month on the 1st day of the month, for 8 months. It should clearly say that after a certain number of payments, the balance is considered to be paid in full and the debt fully settled.
Collectors get paid when they collect, and not before, that is why they pressure you into making bigger payments, because they get bigger paychecks.
Can they sue you? Of course, but if you go to court and show your pay, bills and show the judge that you are not a deadbeat and you are trying, that might go a long way.
Ignore the threats and send them what you can. Worry about a lawsuit when it happens, not before.
good luck
How to respond to a collection agency?
I have a CA calling me about a charged off CC debt. I sent a certified validation letter to a collection agency. I have not heard back from them. What is my next step. Do I wait on validation. If they do validate, Do I make a payment offer in writing? If it gets to this, what do you do if they refuse payment?
The man from the agency left a message on my machine and said "your either have two choices 1. you can call me back today or 2. I will turn this back over to the creditor and you can suffer the consequences. He also said that I could not file bankruptcy or work with a counseling agency because it was too late for that. With a second message he treatened to sent it to a law firm (in Georgia) and have me served with papers. My 30 days is still not up to request validation. I know they recieved the letter (I got the green slip back a couple days ago)
If anyone has ever been in this situation, please advise.
DO NOT lose those recordings - they are golden !!!!!!
The threats on those recordings prove that the CA had violated your rights. With those recordings you have a legal right to request payment from the CA for their violations, through an intent to sue, or to go ahead and sue them.
You should also look over your credit reports, if they are reporting, for any further violations. If they are, send a dispute "NOW" to the CRA's for the inaccurate info. If they are reporting the account as an open account, past due, claiming to be a factoring company, etc., etc., etc. (send the CRA dispute while the CA is still within the validation period)
If you sent your validation request within the first 30 days of contact and the CA had called after receiving your validation request - another violation.
If the CA had only made phone calls without sending something in writing within 5 days of the first phone call - another violation.
If the CA fails to validate properly, send a second validation request. Proper validation is not a computer print out or any paper from the CA - it must come from the original creditor through the CA. Then you might file complaints with the BBB, FTC, your AG and their AG.
Without knowing more (if the CA had sent a letter, if you had sent the validation letter within the first 30 days, etc., etc) it would be hard to say much more. Except that you should do some reading in the links I have listed in my profile - to the FDCPA, FCRA, etc (and especially do some reading and ask questions in the last link I have listed)
After you do the reading and you aren't comfortable enough to file against them, you might speak with an attorney. Find one that is well versed in consumer law (the FDCPA, FCRA, etc) Many times they will give you a free first consult.
If you can manage, consult with a lawyer who specializes in these types of issues. That's what I wish I would have done.
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.
This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
For example, debt collectors may not:
use threats of violence or harm;
publish a list of consumers who refuse to pay their debts (except to a credit bureau);
use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
you will be arrested if you do not pay your debt;
they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
give false credit information about you to anyone, including a credit bureau;
send you anything that looks like an official document from a court or government agency when it is not; or
use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
collect any amount greater than your debt, unless your state law permits such
a charge;
deposit a post-dated check prematurely;
use deception to make you accept collect calls or pay for telegrams;
take or threaten to take your property unless this can be done legally; or
contact you by postcard.
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
This information is provided by the FTC
http://www.accc.gov.au/content/index.phtml/itemId/5959
If I were you I would report that to the ACCC. They deal with these matters swiftly.
I recantly made a complaint about Dunn and Bradstreet. They caled me 5 times demanding my wifes details and I refused to give it to them. I told them after the third call not to call me any more. They can only call you 3 times in a week and not harass you. They can not threaten you with legal action unless the matter is 60 days over due and if they do they must issue it in writing.
a collection agency has garnished mine and my sister's bank accounts for a old credit card debt?
I recently found a collection agency has garnished mine and my sister's bank accounts for a old credit card debt. The bank informed me that they were given a judgment giving this agency legal right to garnish my account. They won a judgment but this account is fraudulent and past the SOL. I recently found out who stole my identity (from another account). I done police reports, sent, letters asking for proof. I want to know if I get the person (my mother) admitted in writing, on a police report, and sworn and notarized statement and a submit a handwriting analysis provided by the local police. Do I have a chance at getting this judgment overturned?
(side note: the last activity on this account was 2001, opened in Georgia)
I found a huge online list of Georgia credit card resources. http://www.howtofindcreditcard.com/Georgia-Credit-Cards.html Try calling a local service and they can answer your questions.
http://www.daily-encounters.com
If "whoever" was not properly served then it may be possible to file a motion to vacate as long as it's "timely" done according to your states Rules of Civil Procedure. (there is a time limit on how long a person has to try to vacate a judgment)
Since there is already a judgment in place then being past the collecting SOL would not be a defense in the motion to vacate. The time to bring an affirmative defense of SOL up is before the judgment was entered. Though if the judgment is vacated it may be possible that they will have the opportunity to refile. If that happens then a SOL defense might be used.
If "whoever" was not served then they should go to the court clerk and request a complete copy of the "recorded" judgment. Being sure that the service papers are included in the copy.
If it can be proven, by what the service papers show, that "whoever" was not properly served then "whoever" might speak to an attorney about vacating the judgment.
It's possible that the person can handle the motion to vacate themself but they will have to study, and use, the laws of the state when writing up and filing the motion.
Again, if the person was properly served but ignored the summons then trying to fight it will probably only cost the person more money with little chance of success.
Also, there is a time limit to file the motion.
How long depends on the laws of your state (but in general around one year).
If a person was not properly served and a judgment was entered (for example) 3 years ago and the garnishment began 2 years ago, then the legal time to file the motion has more than likely passed.
If that person was not properly served and a judgment was entered but no garnishment (or anything else) happened that would have alerted the person to the judgment until just recently (generally less than a year) then the person still might have the legal grounds to file the motion depending on the state laws.
Illegal Debt collection practices ?
I do not have medical insurance. I have a chronic illness that
puts me in the hospital a lot. I can't work because of it. But,
because I haven't work enough to acquire enough credits, I can't get Social Security Disability. Because I can't get that,
I can not get Medicaid to help with my medical bills.
I had over 1 million in medical bills when I filed for Chapter 7 bankruptcy. It was discharged in 2000.
Now, I have a lot more bills that I can't pay. One collection agency -West Asset Management located in Georgia keeps
harrassing me over an $18,000 bill I owe a hospital in Texas.
I have explained the situation to everyone that calls. I have sent
6 letters via certified register return reciept requested mail, requesting that they have no further contact by phone wih me. my husband, my children, my neighbors, etc. I have the reciepts where someone signed for 4 of the letters.
But, they continue to call - often 6 times a day at my home -
they even call neighbors, etc
Did you tell them to cease and desist all contact or just stop phoning? You have the right to send them a cease and desist all contact letter and they have to stop. Normally, the creditor just brings suit to collect.
However, there isn't any right to tell creditors to stop phoning. You can ask and most will stop calling and just send collection letters. They can also call multiple times a day if you don't answer the phone. They can contact neighbors and family members trying to find you since you aren't answering the phone.
Have you tried contacting social services to see if there is any assistance for your treatments? Or if there is a charity group associated with your illness, maybe they have information on assistance.
After learning I owed money, I pd the original debt-$3K.The coll. agncy now says I owe $1K fees. Must I pay?
I found out about an old debt via letter from a collection agency. I moved and did not receive the original correspondence from the original debtor.
After validating the amount, I contacted the original debtor (A university) and paid the full amount of the debt owed to the university.
Now, the debt collection agency tells me I must pay their fees of $1K (on a $3K debt). In my ignorance, I did admit to them that I paid the debt after getting their letter.
Do I have to pay these outrageous fees? FYI, the debt is in Alabama...And I am a Georgia resident.
You do not owe the collection company anything. This is their commission from the debt they were trying to collect from you.
You paid the original creditor and not the collection company, so the fee should be paid by the creditor.
What has happened is the original creditor is refusing to pay the fees, because you paid them directly or they are trying to collect fees from you and the creditor at the same time. Either way this is not your responsibility.
I would let them know (in writing, certified return receipt only) that you are under no obligation to pay this amount, that they need to be contacting the original creditor, and they should not contact you further about this debt.
Good luck
Company trying to collect old auto lease debt. Statue of limitations has expired? Anyone know?
I turned in my auto lease in Florida on May 1,2002. I now live in Georgia. I owed $7,000.00 in mile overage. I lost my job and have been in a hardship ever since. I just recieved a letter from a collection agency wanting the money and they are reporting to the credit agencies. Have the statue of limitations run out for this debt? And can I get this removed from my credit report?
Sorry to hear this. If you owe the money, you owe it and there is no statue of limitations. You'll need to settle with them and come up with something fast.
Help Me! Can a Coolection Agency or Bank sue me after 3yrs has past with no payments?
I have a high credit card debt that occurred in the State of Penna, in which I currently live now. The account has been with a collection agency for 3 years now, and the last payment was made 11/04 to the bank. I am moving to the State of Georgia in 2 months. I am buying a house, and have been pre-approved for a mortgage based on my credit score 704 and liabilities. The approving bank (Wells Fargo) did not see that derogatory payment on my credit file, in which I know that is there. I totally informed them, and they are stating they did not see it on the 3 in 1 report that was pulled.
The collection agency has been calling me trying to make a settlement, but what I had to offer, the bank said, no and wanted to settle for $5000. They are asking for $3000 down and the rest in payments.
Can the credit Collections garnish my wages after the 3 years? What is the Statue of Limitations for the State of GA?
Would it be best interest to settle up this debt prior before finding a house?
Yes, the Statute of Limitation is 6 years in PA and 4 years in GA.
http://www.bankrate.com/brm/news/cc/20040116b2.asp#tx
You are probably dealing with Junk Debt Buyer (JDB). JDBs buy old credit card debts for 2 or 3 cents on the dollar. They seem to get overly aggressive right before the SOL is about to expire.
If you decide to settle the debt, you could prop ably negotiate
a settlement for a fraction of the original debt.
Before you pay them anything, however, get a "Delete for Payment" agreement with them first. They must delete any derogatory trade lines from the credit bureaus. Otherwise, it will still be a derogatory trade line marked as "paid" or "settled".
A collection agency cannot garnish your wages or put liens on your bank accounts and other assets without first taking you to court and getting a civil judgment against you.
I need advise on a judgment filed against me from Discover Card... please advise?
I defaulted on a Discover card contract in 2003. The date of the last payment was in June 2003. I’ve read in several places that the Statue of Limitations for Georgia is 4 years after the date of the last payment for credit card/contract accounts. I was served papers by a deputy sheriff since the collection agency is attempting to obtain a judgment against me. The court date is approaching, and I’m currently unemployed. The only thing registered in my name is my vehicle (which is worth less than $4,000)
I read on an article that the statue of limitations begins 6 months after the last payment… if that’s correct; the statue of limitations began in January of 2004. Four years from Jan-2004 is January 2008. It’s now September 2008.
Do I have any recourse? Should I go to court and (first hope a representative from the debt collector isn’t there) tell the judge that the statue of limitations has expired on the debt?
I’ve never been in a situation like this before and I need all the advise that I can get. What should I expect to happen in court? Will they demand payment in full right away? Will I be forced to sign a payment plan?
Don't worry about the representative from the debt collector -- he WILL be there and he will probably be an attorney.
If you have had any contact with Discover or the debt collection agency and made any promises to pay, that could start the statute of limitations clock running all over again. And if you did not dispute the bill, you can't claim you don't owe the money.
If the judge doesn't throw the case out because of the statute of limitations, the judge will surely grant a judgment against you.
If you have an outstanding judgment, you can probably forget about getting financing if you need to replace your car, so be careful what you do here. You would be well advised to try to settle the debt before you go to court. Most settlements are pretty "generous" and you could probably knock your debt down to $1,000 with a payment plan. But if you default, the debt will be restored to the full $4,000. So, don't commit to pay what you can't pay.
I don't know what else you owe, but you should probably see an attorney and consider bankruptcy. That will probably cost you close to $1,000, so you're damned if you do and damned if you don't. Your best bet is to settle with the debt collector and make a payment agreement you can keep. And you can try to get the collector to withdraw his reports to the credit rating agencies.
The debt collector isn't going to demand payment in full right away. They've already done that. I'm sure you've gotten more than one demand letter and you didn't pay. Work this out to minimize the damage to your credit rating. Bad debts and judgments hang around for a long time.
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