Monthly Archives: November 2015
Maybe thats not much for you but for some of us that can be overwhelming and the line between eating, buying prescription meds or keeping the heat on and paying the creditors is very thin for some. BK actually can improve your situation and your credit score and does’nt do as much damage as ‘claimed’. The ones doing all that claiming of how bad it is are the creditors themselves or the companies that work for them. I would rather ‘throw in the towel’ then continue to be beaten down by the debt.
Unless you’ve been there then you really cant say I have not met a person yet, in person or online, that has filed BK and regretted it. I’ve only met people and know many personally who have filed and all of them will tell you it was one of the best decisions they’ve ever made. I dont care if you are only 10,000 in debt or if you’re hundreds of thousands in debt. Debt is debt and what may be pocket change to you may be a fortune to someone else.
You cannot TELL them anything you must send it to them in writing. Telephone conversations DO NOT protect your rights. They can still call your work if you actually owe the debt in an attempt to find out information on how to locate you. They cannot disclose that they are trying to collect a debt or anything of that nature but they are within their rights to call and ask how they can reach you.
They can call your neighbors, they can call your relatives etc. It is then up to your neighbors and relatives to make it clear to them to not call. The only thing you can do is send them a letter saying you want them to cease calling you, your work, your friends and family etc. That does’nt mean they’ll abide by it because they actually have rights too. Whether they play by the rules or they abuse those rights is another story.
NEVER make a payment arrangement over the phone. Get it in writing by email, fax or US Mail. Telling them will not stop it you must send it in writing or by fax maybe- that I dont know I’ve never done it. I’ve only sent things by certified mail-yes it cost but they get it and I get proof that they got and there can be no dispute. Telephone conversations are a waste of time.. they are only the chance for the creditor to intimidate and threaten you. Do everything in writing always!
This is what you need to do. I was a bill collector. This is what you need to say and put it in writing. Cease and desist all calls contact me by mail only.
Once you put that in writing they can no longer call you or call you at work, which according to the fair debt collection pratices act, they are not allowed to call you at work and jeopardize your job at all and they can only call you from 8am to 8pm at night no later and only once per day weather they talk to you or not. They are not allowed to leave a message on answering machine as to why they are calling or tell anyone why they are calling.
The only way they find you is thru your social security number….which is known as skip tracing. They can call you at work for purposes of locating you and they can call you up until 9 p.m. You can go right here and read the entire Fair debt collection practices act – http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
But once you send them a Drop Dead Letter and can prove they signed for it, they can no longer call anyone. If they do, they violated the law. I have used this method with some of the most annoying collection agencies.
The only one I did not use with was when I was an executor and collection agency kept calling me and my lawyer. Then one called me one day screaming that I was lying and the lawyer was not the estate’s lawyer. I got her boss on the phone and said that was correct, he is my lawyer assisting in the settling of the estate. I asked him to please have his people keep calling the lawyer. The lawyer is a personal friend of mine and every time they call him, he will get more money and they would get less. That is because in GA, there is a a list of who gets paid first and any lawyer assisting in the settling of an estate gets paid before any creditors. Strange, they quit calling him.
Oh, and they got 13 cents on the dollar and had to be happy to get it, since there was no other money.