Alton woman sues Nationwide Credit claiming emotional distress Madison County Record
An Alton woman claims a debt collector refused to leave her alone, even after she began making $25 payments in an attempt to resolve her financial obligations.
Carrie Weiss filed a lawsuit in U.S. District Court for the Southern District of Illinois Aug. 16 against Nationwide Credit.
In her complaint, Weiss alleges Nationwide Credit repeatedly made calls to her cell phone in an attempt to collect debt from her.
"Over the course of these phone calls, Defendant frequently became irate at Plaintiff and yelled at her, belittled her, and threatened her," the suit states. "Defendant told Plaintiff that she was also in trouble with the Internal Revenue Service as a result of her debt and threatened to 'turn in' Plaintiff to the Internal Revenue Service on account of her unpaid debt."
Before the phone calls began in October 2010, Weiss had agreed to pay off her debt with monthly payments of $25, according to the complaint. Despite Weiss's timely remittal of payments,
Debt Collection Lawsuit - How to Respond to A Debt Collection Lawsuit
www.falconcreditmanagement.com Debt Collection Lawsuit at Falcon Credit Management is one of a variety of debt management services we specialize in.
What happens next after a debt collector drops a lawsuit against you?
Dropping the suit means that they will not have a judgment against you so they cannot garnish your wages. It does not however dismiss the debt and that information will still be reported to your credit report until it is resolved. They can still collect the debt in any other legal way.
can debt collector file lawsuit?
ok yesterday i sent a debt verification letter to this debt collector. ive already talked to them once but didnt agree to anything or give any info. just so happens some lawyer i think has something to do with them called today, left message. they just said to call back its "serious". im guessing its just a bluff to get me to call back again.
they have only had this debt around a month i think. they now have 30 days according to law to provide me with proof i have to pay them and its legit.
even if i wanted to pay them i cant just start sending out money to them without proper paper work.
my question is can they file any type of lawsuit against me during this time? i was told they cannot and they have to cease collection efforts to research and provide proof.
i admit im a little nervous ive never done this before. but im not gonna let anyone bully me or scam me. it made me nervous the lawyer called, but i know its probably just another one of them.
but they cant garnish wages unless they take me to court and get a judgement against me first? right?
If they file suit and win, they can only garnish your wages "if" your state allows it.
If you sent the request within the first 30 days from their first contact then they must cease all collections (including filing suit) until they provide the information. (If you live in Texas then you can request validation/verification outside of the first 30 day window and they still have to cease collections until they provide it)
Verification/validation "must" come from the files of the original creditor and "cannot" simply be a computer printout, an affidavit of debt, a letter on the collectors letterhead, etc., etc., etc.
Since a lawyer is involved, the lawyer is acting as a debt collector and "must" also follow the FDCPA.
You might click on my profile and do some reading in the FTC FDCPA site that I have listed so you will know a violation when they commit one. It is very easy to read and understand.
I don't know if they have to take you to court to garnish, or if they can just get an order. Never been in that boat. I had to comply with their wishes...Capital One can be a bunch of hard @$$es. What's in your wallet....yeah, what's in THEIRS is more like it.
They could file a suit but will try to make legitimate efforts to collect or settle the debt first, law suits are expensive. Also, they must first prove the debt is yours (30 day time frame)
Good thing you disputed in first 30 days also: So called lawyer left message on answering machine "serious", and did he mention debt. I doubt an attorney would do that violation of fair debt collection practices act. Can't leave message on an answering machine unless genaric, like "please contact me in regards to business matter", those who follow the law, when I worked at bank couldn't even say important business matter. Therefore, if left message to call back about a serious problem and mentioned debt, violation. Why? Can't disclose personal financial info to third parties, in Mass I believe can't even speak to wife, about hubbys debt, unless hubby gives permission. Hypothetical situation. Dad, friend, sister, girlfriend, aunt, comes in room and hits answering machine, hears call serious matter about such and such account- has disclosed, personal debt info to 3rd party by way of answering machines, real professional bank level and law abiding collection agencies would never leave that on answering machines.
Worked for a collection agency years ago. Guy had message on machine, " if you are debt collector under fair debt coll. practices act, please be advised the hearer perceives messages regarding debt as harassment please don't leave message on this answering machine". This guy was sharp, knew the ropes. What does one of our dumb collectors do, when he called the phone number? Please call me at abc-45dx (example), regarding your delinquent M/c account. Manager almost hung him from the rafters, but only fired him, when we received a $1,500 fine for disclosing personal info, could have been worse, we weren't law breakers w/alot of complanints, could of fined us for harassment too. BTW collecor gets fines also, and debtor gets to keep fine, or portion of as damages. How dumb can you be, there are law abiding credit collectors out there, and there are dumb ones, and the ones in the middle consider flagrant law breakers, get the $$ anyway you can, cheats, and law breakers.
You did the right thing, first notice from agency requires sentence "Do you dispute debt" and if so, especially small balances, good, big collection agencies aren't going to go thru all that hassle, for your peanuts in commission debt, will throw it in dispute que, maybe they have someone working that cue, probably not, unless big balance, good collectors are looking for the "cream" have cues of 1,000 to 4,000 thousand accts to cover in a short period of time, they are looking for the "lay downs", who will pay just not to hear from them, have weak shoulders.
I once had a cue of 3,000 to 4,000 accts to cover in three months time, which would be replaced by a new cue, same amount of accounts, and those 3,000 I creamed took what I could get; the easy ones. Of course this was a big, national firm.
Still leaving a message "serious" on an answering machine, or with a family member, violates the law if he combined it with regarding to your credit. Might be a violation for using word serious, alarming family members, grannny w/a weak heart can't be hearing things like this. From the Fair debt collection practices act quote : "anything perceived by the hearer as harassment, , is harassment", fits in this case.
As far as dispute is concerned, consider late fees delinqunt interest rates, one bank now over 40%, exceeding state usory laws, in some cases, excluding payday advance loans, some senators (who live in glass houses, do not know what we the working people are experiencing) expressed shock at this when informed in last years senate hearings, shock at Universal delinquent interest rates, you are up to date on one card, and they raise you to delinquent rate because of being late on another card, what has one to do w/the other, the senators were shocked. For the most part, most banks have been self regulating on that one, gave committment to senate investigators would cut that out. Most have complied and discontinued.
Why my militancy you may ask, re this industry? When the FDCPA came into being it dropped, or curtailed the abuses of the past. These abuses were outrageous, agencies calling the ill, the most vulnerable, recently divorced, the unemployed, impersonating attorneys, city marshalls, calling saying they were picking up peoples TV's, were lost, could you give me directions, or call my boss, and put the repo off - debtors would get scared into making payment arrangements. When the law passed these abuses stopped for the most part. Then factoring took off, became a big business, buying and selling of debt, and a new ruthlessness set in, putting old debts purchased for pennies on the dollar, on peoples credit bureau reports. Past seven years, by law should be deleted and the credit bureau putting them on claiming even after being notified and proven past 7 years, take them off, and a person checks their credit bur. report and there it is back on. How? Credit bureaus claiming they don't sell your info for $$, but in reality are selling your info to marketing firms, criteria, age, amount of debt, things marketers (magazine sellers love elderly people who don't understand pitch for sale, a criteria being over 80 years old, buyers of debt suing past the statute of lims, hoping you won't show up in court, and get default judgement when all you have to do is show up and say "your honor a pmt has not been made in five years, the statute of lims, in this state please dismiss this case, it is no longer qualifies for suit, or trying to trick you into making a pmt right near the end of statute fo lims.......in some cases actually paying on the account themselves the owners of the debt, and claiming you made it; their intention to get statute of lims started again.
So now you know why www.answersfordebt.com came to be. A whole new set of laws, maybe even criminal laws, is now necessary, as this industry which can ruin your life, prevent you from getting an apt., actually cause you to be homeless, and throw in a generation that has mounds of student loan responsibilities thrown in......it is time to clean up this industry. A persons life, ability to get a job, a roof over their head, transportation, should no longer be up to three major credit bureaus, who willfully will follow the directions of anyone who will pay them, honest, or dishonest. Awaken, the young spirits of America, take back our country from white collar criminals, the rich and priviledged classes, as your generation (oil, gold, printed money w/nothing backing it) will face the worst economic situations since the 1930's, never before were 1 in 20 homes facing the possibility of a foreclosure, as the greed and "suits" on Wall street, picked our pockets, and destroyed the middle class.
Take back our countries lead in economic world matters......as the large corporations get welfare (Bear Stearns), but how about all those mortgages they were responsible for, lock people in to mortgages where pmts can jump from $500 a month to $1,100 the next month, then to $850. try budgeting on a mortgage like that, bail out Bear Stearns, ok I understand, but how about bailing out the people that have those mortgages, wages aren't going up, how about saving the homeowners?
Most of these mortgages were made in 05, or 06, so this isn't going away, neither is high gas prices and spikes in food prices.
Time for economic reform, and the wealthy to cough up those lavish CEO salaries and return the country to real choices, not just two parties......who cater to lobbyists, and the wealthy, as the poor debtor can't sleep because of the phone calls, and broken laws, made by those same
CEO's, taking one hundred million dollar bonus', or selling their stock for 60 million, just three days before the stock crashes and burns. Awaken and fight the credit cheators.
I used "Credit Solution" to settle my debt and improve my credit score.They managed to reduce my debt up to 58%.It's legitimate.I came across this company on NBC News Special Edition.Check it out here:
http://starturl.com/tyjxb
can a debt collector get sued for filling a bogus lawsuit?
My friend Frank got sued by a debt collection company he knew it was bogus, answered the complaint and denied it. Went to court and the company did not show up. The judge dismissed the case. but he felt violated and waste of time, can he sue them. he never did business with the company in question
if you can prove they did anything illegal. find a lawer who knows consumer law. your lawer gets paid and you get 1000.00 for each mistake they made. lets all round up the wagons and put em outta buisness.
Also, was the case dismissed with or without prejudice? With prejudice means the case can't be refiled. Without means it can be filed again.
Tell your friend to check his credit report and see if this debt is being reported. If so, contact an attorney (hopefully someone well versed in FDCA lawsuits) and follow their directions carefully.
Did the judge dismiss the case because they failed to show, or did the collection agency request that the case be dropped. Important to find out before you proceed.
question about debt collectors and lawsuit?
I had a court date today for a debt collector suing me for a debt way outside of the SOL. I showed up the case was called it was just me. they called the plaintiff no one was there, the judge called the case dismissed. Will they try to sue again, i don't get it why did they sue anyhow. I answered by denying the claim.
I don't think they can sue again. They might be able to appeal it, but right now, you've won the case and they can't touch you for now. Call the court or read your paperwork to find out how many days they have to appeal. If they don't appeal in that time, you need to contact the three credit bureaus to have the debt either removed or info added saying the judgment found you owed nothing. (You don't have to say it was in your favor because they didn't show up. That doesn't matter, only the fact that the judge found in yur favor.)
lawsuit from a debt collector?
i have a court date for 10/10/08 for a credit card debt past the SOL 10 years old. answered my complaint denying the claim. i just got a copy from the court a Motion of Default cc me from the plaintiff
Hire an attorney if you can afford one. Remember that any answer you receive on this board may be wrong...so don't rely on this board as your sole source of info for a legal issue.
Whatever you do, DO NOT fail to show up in court...they'll get a default judgement against you.
If you cannot afford an attorney, request the following on the court date:
- proof that the alleged debt is within the statute of limitations
- a copy of the original signed contract
never agreee that its your debt just that you tried to pay to get rid of
this matter. If you dont show up they win by default.
As long as no original papers then who really owns the loan ?
If you check into and follow the home loans , the loans are sold or supposedly sold to third and fourth parties without the originals papers and sometimes there has been multiple suits and/or foreclosures on the same property . Guess who wins , the one with the original papers .
What is my best option if I'm being sued by a debt collector?
I have a debt thats about 3 yrs old from Zales Jewelers, for about $3000 who charged it off and sold it to collection agency CACH, LLC. I received a lawsuit from an Attorney telling me I have to appear in 2 weeks. I have about $500 that I can offer as a lump sum, but I don't know what my best options are. Please help!!!
The first step is to answer the lawsuit if it requires answer. This gives you a chanc to offer a defense as to why you havent paid or why the lawsuit is invalid. I would check online or witht he clerk of court to verify what the statute of limitation is to file a suit to collect based on your state. You didnt state where u lived so i cant tell u. Assuming the suit is valid, you can offer your lump sum to attorney as downpayment and then make a monthly payment arrangement. You are relly at their mercy because they dont have to agree to anything. they can wait and let the court decide. More than likely the judge will decide in the attys favor which might allow them to garnish your wages or place liens against real property depending on the state. Even if they cant collect on the judgement in either of these ways, the case and debt will be recorded in public record and appear on redit report for 7-10 years at least. You definitely want to avoid judgement.
If you are abe to raise at least 50-75% of the debt the attorney may consider a settlement in lieu of extended small monthly payments. Try to borrow from family, 401k, get a second job, or whatever because either way you are going to want to pay this off as quickly as possible..
Can I be sued again on a Time Barred Debt?
I was sued by a debt collector who filed the lawsuit during the last month of the 5 year SOL in Illinois. After three court appearances, the plaintiff motioned to dismiss without prejudice, and that was granted. The debt has now passed the SOL, can they file another suit against me?
If it is passed the statue of limitation they could still sue and get a default judgement if you don't show up. If they do sue make sure that you appear and tell the judge that it is passed the statue of limitations and it should be thrown out.
Debt Collection Lawsuit Help!!!?
I am loooking for help on 2 questions:
I live in KS and need to determine when the SOl starts for credit card payments. Does it start from the date of last payment and where is the statute? Can a debt collector that is assigned a debt legally sue you? Thanks!
In most states the SOL is 3 ot 6 yrs from the date of the last payment. The company I work for does not charge off accounts until they are 210 days delinquent, but most companies now are doing it at 120 days. We keep most of the charged off accounts in house, very few are sold off to collection agencies. The credit company or the collection agency can sue you. If they get the judgement you are looking at court costs and legal fees added to the amount you were originally being sued for, and depending on your stated you are looking at possibility of lien on your home, garnishment of bank account, or garnishment of wages up to 25% of your paycheck. It is better to try to make arrangements with them if possible. If they threaten a lawsuit due to refusal to pay, or unable to pay--they do have to follow thru with the lawsuit. They cannot make idle threats--that is against the law. Good Luck! ***
Anyone with experience hiring an attorney for defense against a debt collection lawsuit?
I would like any information on being sued by a credit card debt collector. what happened? If you hired a lawyer what was the procedure and outcome.
Thanks for the answers, but I will add.
yes this debt is at the expiration of the SOL. I havent made a payment for almost 5 years. The card is from 1992. It was charged off 4 years ago and bought by current collector. I have to hire an attorney, to dispute the SOL and get proof of the bill. Im not filing bankruptcy. Just want to know what to expect that the lawyer can do.
yes I am being sued. Last week on 10/8 recvd letter from atty claiming I owed 15,000 to debt collector, but would settle for 8,000. I had recvd one earlier but thought asking for validation. would restart SOL.. Next day 10/9 another letter saying they were in the process of sueing me in the next 30 days. I wrote and mailed letter demanding debt validation. This week 10/16 I got summons papers from sherriff. Being sued for 12,000. ? which is it. Have an appt with atty sat. morn but with all the info I have studied in the past week thanks to the internet and great people I believe I can defend my case better than the atty. I know and have all the info and receipts and ppwk I need to prove my case. I have found lots of contradictory dates and amounts already. I am waiting for the debt validation , regardless they have to prove. I know for sure its not 12,000..and I have to fight.. I was just wondering if anyones been thru this?. I know the outcome stipulations if I lose. I can handle.
also the first letter I got said I owed the debt collector 17,000. had no idea what it was..havent had a cc in 10 years..and in case your wondering why I never paid this lg of amount and it has been so long. I hired my atty to file chapter 7 in early 2004. I paid payments to him first for a while, but in the end I canceled it because i was afraid they would take my house /equity to pay them. In the meantime all the cards were charged off or closed at that time. Now this , my biggest one has came back. I am within questionable SOL of a couple months. depending on when I first defaulted or last partial payment. but Im still fighting with a good defense.
Have they filed the lawsuit against you yet? If not, you need to IMMEDIATELY send them a demand to validate letter. DO IT NOW!
In it, tell them you want the last bill, the first collection letter, the signed credit card agreement, and (if possible) an accounting of the account. Legally, they are not allowed to continue with collection activities until they send this out, and filing a lawsuit is considered a collection activity.
You need to find an attorney who specializes in collections. This part is not that difficult, because collection attorneys are leaches and will easily file a lawsuit against a company they have represented in the past.
Better yet though, look for one that specializes in FDCA defense. But unfortunately, in your case they are going to want a retainer fee up front, and you can expect to pay several hundred dollars. If this is a legitimate debt you will not be able to recover your fees if you win. That is why the validation letter is so important. If they sue you without answering, you can counter sue for the FDCA violation, which will allow you to recover $1000 for the violation, plus your attorney fees. That should offset whatever they collect if they win.
I just sat in on a case just like this a few months ago. The lady owed $800, but the creditor ended up paying her a few hundred plus her legal fees. SWEET!
Question about debt collector in concern with my wife?
I recived a call from a bill collector "very nasty" claiming he works at a law office and here to collect a debt for a Discover card. I told him i dont know anything about this, he replied well you should sir. then he said you need to pay me 3k now or else we will sue you and put a lein on your house/garnish your and her wage. I told him i need more details i dont understand he told me it was 4 years ago. I then told him where to go on how he was behaving and hung up the phone. He then back and i let the answering machine get it and he left a message saying i am right now filing a lawsuit and you will get served with the papers--see you in court and good luck. We got a credit report and it dose show 1700 has been charged off by discover in december and thats all it says . We only been married for 2 years and owned the house for 1 year. i dont want to deal with this person. anyone has delt with happy people like this
hi, I don't promise anything but if you are willing to read
people in debt often seem to find some help here :
http://credit-cards.ebookorama.com
and here http://finance.ebookorama.com
also plenty more to read here
http://credit.ebookorama.com
http://credit-repair.ebookorama.com
good luck!
Debt Collection Lawsuit Dismissed After One Phone Call
Randall Ryder got a local debt collection law firm to dismiss a debt collection lawsuit after one phone call.
A local small business owner met with Randall Ryder to discuss a Summons and Complaint he received. After reviewing the documents, along with a collection letter, it was apparent that the lawsuit was outside the statute of limitations. In particular, the alleged unpaid services were last performed in 2004.
In Minnesota, depending on the claim, the statute of limitations is either 4 or 6 years. Either way, it was apparent this case was beyond either one.
Within a half-hour of Ryder explaining the problem to the local debt collection law firm, the firm called back and agreed to dismiss the case with prejudice—agreeing that it appeared the case was outside the statute of limitations.
Understandably, the client was thrilled. The client said “I heard he [Ryder] sticks up for the little guy and I was impressed at how fast he resolved my case.”
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