Help! We need legal advice concerning a collections threat.?

Question

My previous apartments sent us to collections because they sent the bill to the wrong address and now the collection agency is saying that we have to pay now or it will go on our credit. We did not know this untill the collection agency found are correct address. We do not have the full amount and they will not negotiate to let us make smaller payments than 100 dollars a week.

Any advice legally what can we do?

Answer 1

I provide no legal advice. I have worked with collection agencies for over 20 years.



Why you seem to hold any collection agency in awe or fear is a mystery. There are no debtor prisons. All they can do is sue! Let them! Offer them ten cents on the dollar in settlement and tell them to go to hell if they refuse. Stop talking to them! Tell them you assert your rights under the Fair Debt Collection Practice Act. Tell them your attorney will contact them! Tell them you are filing bankruptcy and are not getting one slim dime. You think they are the only ones who can negotiate? Come from a position of strength!

If they will not negotiate with you (AND YOU REALLY WANT TO NEGOTIATE) you will be better of dealing with the collection attorney rather than the collection agency.



Collectors are low life forms usually in temporary employment until they find what they really want to do in life. They do not show you respect and you owe no reason to show them any respect.



Keep your money and save until you can raise an amount they will accpet as payment in full. Take your time. Do not start negotiating unless you can pay-off 20% to 25%. You will never need to go more than 50% to settle.



Relax....Take a deep breath.... Take control and be strong.... Let them lose sleep NOT YOU!

Answer 2

Not legal advice, but first of all never talk to a collection agency on the phone. Always get everything from them in writing and respond in writing. If the person contacting you won't negotiate, let it get to the attorney and negotiate a settlement (again, in writing). Ultimately I think you'll find that you can settle for much less than $100.00 per week.

Answer 3

They can legally place this debt on your credit report as being in collections.



Now as to their refusing your offer of making payments, they do not and many will claim that they won't accept a partial payment. Collectors want you to send them a lump sum payment so they use very aggressive tactics to scare you in to paying the debt in full as quickly as possible.

The smarter thing to do is to pay them only what you can afford to pay them. Send it in every month even if they keep sending it back just keep proof that you've been trying to send them money. This will significantly reduce your odds of being sued.

Collection attorneys know that a judge, when presented with evidence that you tried to pay the debt, will yell at the plaintiff for wasting his time with an unnecessary suit when the defendant was trying to pay the debt. Eventually, most collectors will give in and accept the partial payments.



If you want more legal advice, then go to your local legal aid society for free or low cost legal assistance.



Hope this answer is of help to you

LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice

Answer 4

Step One: RELAX!



Step Two: Send a validation letter to the collection agency. You may find samples at the first site below. That will buy you at least 30 days. The validation letter will force the CA to provide all information regarding the establishment of the debt, their authority to collect on it, how they calculated the debt amount owing, and proof that you actually owe the debt.



Step Three: If they respond with proper validation, then you have another 30 days to dispute their claims.



Step Four: Assuming you exhaust any stall tactics in Step Three, wait for them to serve you with a lawsuit.



If the item appears on your credit prior to your receipt of complete validation, you may file suit under the FCRA and FDCPA. You don't have to have an attorney for this, but I recommend it, because you would be entitled to statutory damages and recovery of attorneys' fees under either or both acts.



If you need help, the first link is a do-it-yourself resource for credit repair. The second site provides free or low-cost legal help for credit, civil, and criminal matters, as well as a whole host of other benefits for NCRA members.



Good luck, and rest easy.

Answer 5

try to get proof from the post office that the letters where not getting to u get proof from your employer that your are only making so much a month get proof of how much you are spending a month for roof over your head food in your belly and gas and insurance for your vehicle and maybe school funds ect then go and find the emergency line for where you live for food and rent emergncy ect tell them your situation ask if there is anything they know that could help you ( where i live there is an emergency line you can call if you need stuff and they will cover part of your rent but not twice in a row so u could use it one month not the next but u could use it again the 3rd month sort of thing)

so dont despair just tally up all ur spendings versus all your income and try to ask for some help at places wher they can help whit rent and start shopping at discount , reused marchandise store (value village goodwill ect) sell some stuff (vcr dvd player tv radios cd dvds whatever you got sell some of the clothes and shoe you have that you dont use ect it will give you more space to live in as well)



there is a lot you can do to save money and a lot you can do to get some to help u pay your debts ( notice i havent said anything about "legal" advice ... simply because credit collection agency are pretty much like the devil once they own you ur f*cked! ) also dont get anything like put all your debt in one bank thing it will make things harder lots of higher interest rates and longer time to pay back everything and doesnt really matter what credit card collection agency say you can pay less than 100 a week you call them and ask to speak to their manager and ***** at them for being incompetent a mailling your bills and tell them its theire fault that because of them you canot pay what you owe them and that you will pay them what you can based on what you make and what you need to spend for basic living.... and if they dont argee well too bad let them know that your first payment of what ever $$ you decide to sent them will be in the mail in so many days and then politely tell to gp f8ck themselves



lol good luck oh and any argument you have whit them over the phone record it and ask them for a copy of thne tape as well and see if u recive a copy and compare ...... also always ask for the name of the person you are talking to good luck