CONSUMER ED: Take steps to boost your credit score Savannah Morning News
A: Although mortgage companies usually report mortgage loans and ongoing payments to one of the major credit bureaus, they are not legally required to do so.
It is possible that your mortgage payment information is not being reported because of a clerical error. If you have not already done so, contact your mortgage lender, explain the situation and request that it furnish your payment information to a credit reporting agency. If your lender refuses to do so, there are some other things you can do to improve your credit score:
• Review the information on your credit report to make sure there are no errors or collection items that you are unaware of. You can access your credit report for free by going to www.annualcreditreport.com . If you find an error on your credit report, contact the credit reporting agency directly to dispute it.
• Pay your bills on time, as late payments and collection items can send your credit score tumbling down.
Sue the Debt Collector in Eight (Easy?) Steps
If you want to sue a debt collector, how do you go about doing it? Here are eight steps you could follow to make sure you get it right. For more ...
what will happen the credit card debt collector sue?
the collector's lawyer sent me a letter saying that he will take this matter to the court unless he hears something from me within 30 days..what will happen if he sues? and what can I do at this moment? i tried to negotiate the debt but they just took the matter to the lawyer. i even asked breakdown of the total debt and state of limitation but they did not give me answer about it. i live in california and my last payment was january 2004. and the credit company charged off july 2004. please give me advice and help.
get a loan and pay them off, then pay back what you can.
see this
http://debt-consolidation.50webs.org
unless the papers are from the court, they are not actually sueing.
if they do take you to court, and win, then they may have the option to have your wages garnished, but of course tehy would have to proove the debt..... ( details and what not)
send them a letter in writing saying you disagree with the debt, without giving many detials, they have an obligation to prove it to you.
if they don't, they are not serious, just using scare tatics.
they agreed and my father is still paying it
You know why the bank agreed a small amount is better than nothing
Many times it can be argued that credit cards are "oral" or "open" revolving accounts, and in California they are subject to a 2-year Statute of limitations. That is probably the reason why this lawyer is playing hardball now, because he knows that the SOL has expired and you have no legal obligation to pay.
I am not a lawyer, but it would be necessary to review the terms of your credit card agreement with an attorney to verify this.
In the meantime, note that collection attornies fall under the same laws that apply to collection agents (the Fair Debt Collections Act). And according to that law, they MUST validate this debt if you request them to do so.
Send them a certified letter/return receipt and demand that they do so. Tell them you need to see copies of all contracts, agreements, bills, receipts, and everything that was used to calculate what they claim you owe.
If they still fail to supply this within 30 days, you can at least counter-sue them for $1000 for violation of the FDCA in the event they take you to court.
Read the file below, and if you are still confused consult an attorney.
What amount will a typical credit card debt collector sue somebody over?
I'm sure they don't go after $50 bucks. It just wouldn't make sense.
I'm curious if it's $1,000
$1,500?
$2000?
$5000?
What amount would they think is worth suing over? (I'm not in debt just curious)
Especially somewhere like Texas where there is no wage garnishment.
It depends on the credit card company or the collection agency. Some are very aggressive in collection and are going to court for smaller amounts. I've seen collection agencies go to small claims for less than $300.
Sometimes it depends on where you live. If the credit card company or collection agency have an office in your locale, they are more likely to sue. They show up in small claims with a whole days worth of lawsuits.
Just because they can't do wage garnishments in Texas, I am sure there are other ways for the companies to make their money IE property liens.
Can a debt collector sue you?
Is it possable to be sue by a debt collecter?
If they do sue what right do you have?
If they are ONLY a debt collector and are collecting the debt on behalf of someone else, then the collector cannot sue you, but the company or person to whom the debt is owed can. However, if the debt collector purchased the debt from the original owner of the debt (which often happens), then, yes, they can sue you. Depending on where you are sued, you can hire an attorney to defend against the lawsuit (no attorneys in small claims court). You have a right to defend against the suit in court.
Edit: Despite what CkBusiness19 says, not ALL debt collectors have purchased the debt from the original owner. Sometimes the original owner will go through a hired collection agency first to try and collect the debt PRIOR to selling it for a fraction of what it is worth to another party/collection agency. I accounted for both situations in my answer. Basically, it depends on WHO owns the debt. Either way, you can be sued. . .the question is by whom.
Once they buy the debt from the other company, they can than sue you. Most debt collectors have an attorney with their company to sue you if you fail to pay.
Most companies sell their debts to a collection agency, to save on the cost of hiring an attorney, etc.
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://simurl.com/veczig
How likely will a debt collector sue?
Ok i hear lots of diffrent things. I hear that they will not mess around with amounts for under 7500. It cost too much for them. I also hear that it is under like 500. I opend a credit card and had a balance of 3000, this was 5-6 years ago, i ran into some heath issues and could not pay. I did not recived any collection calls till now from a lawyers office in N.Y. The demanded it in full, I just went through a divorce and i dont have all of the money for them. Now why is a lawyer from N.Y. contacting me i live in Michigan. Anyone every been down this road.
You are probably close to the statute of limitations, that's probably why they are calling you all of a sudden - they're trying to get you to pay something or promise to pay something. Please DO NOT do either because both will start the statute all over again. Its probably best to just stay off the phone, don't even bother to talk to them. The SOL in Michigan is 6 years, so it appears you are very close to them no longer being able to come after you for this debt. And they cannot put you in jail for this BTW.
Don't let them push you around...
YOU NEED TO CALL THEM UP NOW AND OFFER A PAYMENT EVEN OF 10 BUCKS A MONTH..
YOU SHOULD OF TAKEN ACTION RIGHT AWAY.
I live in Michigan too if you don't mind me asking what company is this when I got into trouble a while back the only people the went after me and sued was Sears. They took me to court and everything.
Stay calm they r just trying to get a few cents on the dollar and don't talk to these people that means you are admitting the debt and you don't want to do that.
:)
Jodi
Any questions I can help just ask?? Have been through alot now am helping alot of people with there problems.
1) The amount of the debt.
2) Where the collection agent/lawyer is located.
In your case, if this "lawyer" is in New York, he will have to either come to Michigan to sue you, or he will have to hire an local attorney to do it. If the collection agency has an office in your area, it is fairly easy for them to sue. My guess is that since they have a NY lawyer calling you, the don't have a local office.
Collection agents rarely go after debts of under $500. And they will go after anything over $2000. Your $3000 debt makes you a "borderline" case, but I would be concerned.
Another factor is how easy it would be to collect from you. They will pull your credit report and see if you are employed. That would make garnishment very easy. In Michigan, it's a simple process to get a garnishment order.
The reason they are starting to pester you now is because the Statute of Limitations is about to expire. In Michigan, the SOL is 6 years, beginning on the date of the delinquency. After they they lose the ability to sue you. So check your records and verify the date.
Write them to stop calling. And make sure you check your credit report. They have to take it off in 7 years. If those sneaky b****** try to put it on with a new date, write to the credit reporting agencies to have it taken off.
Check out this website for letters you can copy and paste...
http://www.stopcollectionharassment.com/sample_letters.htm
Can a third party debt collector sue you if they bought your account?
Or does it have to be the original company that you owed. I know I still will owe someone and am working on getting them paid but can they still take me to court and garnish me?
A 3rd party collection agency cannot sue you, the originally company the debt is owed to can. 3rd prty collections does not buy the debt. Hence the name 3rd prty. First part collections is where the company that you owe tries to collect it internally at their office.- 1st party can sue you. Hope that helps.
Can I sue a debt collector for harrasment?
I got a cell phone a mnoth ago. I guess it was recycled and the guy before me has a debt. They call almost daily. What can I threaten them with so they dont call again?
Sorry, Jane, the Do Not Call list is only for telemarketers, not debt collectors. However, the Fair Debt Collections Practices Act forbids cell phone calls to borrowers unless the collector has obtained permission to call that number from the borrower. Remind the collector of this when next you get a call on your cell. Also, remind the person calling you that not only can the company they work for be held liable for an FDCPA violation, but he or she can also be held civilly liable, too.
And one would need to call the state's Attorney General's office, not the DA's office (civil versus criminal, think Law & Order, doink doink).
Has anyone ever been sued by a debt collector?
I have a court date tomorrow with a debt collector suing me for a credit card debt that was charged off over 8 years ago. I live in Iowa and the research i found is the the SOL for a written contract is 10 years and unwritten such as open-ended accounts "credit cards" the SOL is 5 years. I have credit reports showing it was charged on in the year 2000. What should i expect, they are suing me for 1500.
Credit card debt falls under "Open" contracts, not written...In Iowa this is FIVE years.....
These people are playing the default judgement game...they are hoping and praying that you don't show up tomorrow so that they will win by default. No show = default judgement, regardless of the debt being outside the statute of limitations. Be sure to show up!!
=========================
Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act:
In many states, if you have made a recent payment on the debt or if you have acknowledged in writing that you owe the debt, this "can" reset the statute of limitations and the debt collector "may" have a case against you if you have done either of these things.
Check out the "Date of Last Activity" on your credit report to see what it says.
If you have not done either of this things:
---------------------------------
Tell the judge the following:
- This is time-barred debt as the statute of limitations has expired
Request the following from the debt collector attorney:
***** (Very Important)** DEMAND that the debt collector/attorney furnish a copy of the original signed contract for the defaulted debt. Debt collectors almost never have this and you can use this against them.
- Request validation of the original “Date of Delinquency” for this debt
- Request validation of the “Date of Last Activity” for this debt
=========================
Disclaimer: Be wary of any "free" legal advise you get on the Internet for pending legal proceeding/litigation...it may be blatantly incorrect. The advise I just have is a common defense used to combat debt collectors going after time-barred debt and it "should" be all that you need. Still, you should ideally have an attorney with you.
What is the process to sue debt collectors?
A relative who have never lived in my household, not even a day, apparently have outstanding debts. Now the debt collectors have been calling my phone and leaving messages. A couple of times, they were told to stop calling my number as I don't know the whereabouts of the individual they want to collect from. However, they never stop. I reported them to the FTC but not action taken. Now, I am surely mad that I want to sue them. Any info highly appreciated. I am located in MD.
I have to disagree with the first poster on several points.
The FTC is not slow (well, they are but...). The FTC does not step in and do anything on an individual case by case basis. They generally take the complaints and act after there is numerous complaints against a company.
Even though the FTC does not intercede on an individual basis, it is still a good idea to have the FTC complaint filed.
You should also file complaints with the BBB, your AG and the collectors AG.
A collector does not have to cease calling "unless" the request is made in writing. After a collector receives a cease & desist letter they are allowed one more phone call. That call cannot be for collection purposes but to tell the alleged debtor what their plans are for the alleged account - and in your case, if they call one more time it cannot be for the purpose of locating that person but to tell you they will no longer be calling.
The letter that was posted does not fit your situation in any way and I would not recommend sending it.
That letter tells them to cease collecting on the debt. They are not calling you in the attempt to collect the debt from "you" but rather to find the alleged debtor. Asking them to cease collections on a debt they are not even trying to collect from you will not get you very far with the court if you sue.
Your letter should be more along the lines of:
This letter is in regards to your telephone calls to locate [Jane/John Doe]. You have called numerous times in your attempt to locate [J/J Doe]. My responses to you included the facts that [J/J Doe] does not now, nor has ever, lived at this address, that I do not know of this persons whereabouts and requests for you to cease calling me concerning this person.
I am requesting, in writing, that you cease further communications with me concerning [J/J Doe] as I find your telephone calls harrassing and inconvenient to me.
Sincerely
[you] (type your name or print your initials, never sign your signature to a letter that goes to a collector)
Send it certified mail return receipt
(the letter I posted is just a sample, if you use it then make it your own)
If they continue to call, file your complaints with the BBB and the AG's. If they continue to call, learn your states rules of civil procedures for small claims courts and file a suit against them. You should also read the FDCPA.
Never embellish or lie - on the phone, in your letters to the collector, in your filed complaints. If you do end up suing and it is found that you have embellished or lied then not only will the judge toss your case and you would be liable for all court costs, but you may end up finding yourself in contempt of court (which, depending on your state, could mean a stiff fine and/or jail time)
You have to build a solid paper trail that proves to the judge that you have done everything in your power to resolve this before you finally decided to file suit.
As for the air horn comment by the first poster, while it would be great to blast them with it, you could very well find yourself sued by the collector for physical or emotional damages (yes it has happened) Your best bet, and what would look best to a judge, is if you handled the calls in a civil manner if they continue to call before and/or after you send the C&D. (if you file against them and you had made verbal threats or did something that could possibly be harmful to a person - an air horn blast in the ear, etc, the collector more than likely records the calls and they may not hesitate to use it against you)
If you have caller ID, take photos of it every time they call. You might also purchase a recorder and tape their calls. If you tape the calls you need to learn your states taping laws - or - if you do not know your states taping laws you should inform the collector that you will be taping the call.
Does CCA (debt collector) sue?
I got a rude call from them today saying if I do not pay today they will sue me. This bill is from 2004 and I forgot all about it. They are saying I have bad credit but the phone was the only thing in my name so I have no idea where they got that. The guy said that it will help them sue me though and he said "trust me you do not want me to sue you". I offered to make $20 payments but that is not good enough. Will they sue or are they just hassling me?
Collection agencies prey on the fears of the consumer. They work by harrassment and intimidation and try to get you to believe the consequences will be dire if you don't pay.
Don't fall victim to their techniques. Go to www.creditnet.com and you read in the forums about how to go about dealing with them and stopping them from deploying this type of behavior in the future.
Debt collector wants to sue?
I was recently contacted by a debt collector and today I get a letter saying they might sue me. I want to verify this debt because I think it might be past the statute of limitations. If I write to them to verify the debt does it make the debt active again?
They are yanking your chain. I'm not sure how much your debt is but I'm sure it's a lot less than it would cost them to sue you.
It's just a scare tactic they use.
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