lol I have never been in court other then for a traffic ticket and once in a law suet when the company I worked for subpoena me as a witness. I was not allowed in the court room before my testimony and was made to leave the room after.
Need lawyer or legal advice
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lol I have never been in court other then for a traffic ticket and once in a law suet when the company I worked for subpoena me as a witness. I was not allowed in the court room before my testimony and was made to leave the room after.
Ok,
Let's start with simple stuff first. This is all "credit card" debt. Are you certain ?
Credit card debt is "unsecured" debt. Backed by the good faith and security of.....nothing....but your signature.
They can take everything that is being held as security....for all y'all still reading, that means NOTHING.
Credit card debt is nothing more then an agreement between you and your credit card company. When you become "delinquent" in making payments, the lender(let's say Visa) writes off the balance and bad debt and sells your "debt" to a collection agency for a price...not really sure what that is but it's pennies on the dollar. The collection agency now "owns" the balance due. If the collection agency collects the full amount they( the collection agency) profit. If they do not the agency loses their investment of the "pennies" they paid to buy your "debt".
Credit card debt is not a car loan or a mortgage where the loan is "secured" by the collateralized asset. Your credit profile will be damaged, as it already is by now.
My advice, and most here will tell you it's wrong, is to tell the collectors to pound salt, suck a lime, shoot the whiskey and get back to cutting some firewood. They can't to **** to you.
There is a member who is a debt collector, I think his name is BryannR, he hangs out in the chainsaw forum. He might be able to confirm my post or tell me and my 15 years in banking and finance to ****.
You owe me a Coke....for the legal advice
Let's start with simple stuff first. This is all "credit card" debt. Are you certain ?
Credit card debt is "unsecured" debt. Backed by the good faith and security of.....nothing....but your signature.
They can take everything that is being held as security....for all y'all still reading, that means NOTHING.
Credit card debt is nothing more then an agreement between you and your credit card company. When you become "delinquent" in making payments, the lender(let's say Visa) writes off the balance and bad debt and sells your "debt" to a collection agency for a price...not really sure what that is but it's pennies on the dollar. The collection agency now "owns" the balance due. If the collection agency collects the full amount they( the collection agency) profit. If they do not the agency loses their investment of the "pennies" they paid to buy your "debt".
Credit card debt is not a car loan or a mortgage where the loan is "secured" by the collateralized asset. Your credit profile will be damaged, as it already is by now.
My advice, and most here will tell you it's wrong, is to tell the collectors to pound salt, suck a lime, shoot the whiskey and get back to cutting some firewood. They can't to **** to you.
There is a member who is a debt collector, I think his name is BryannR, he hangs out in the chainsaw forum. He might be able to confirm my post or tell me and my 15 years in banking and finance to ****.
You owe me a Coke....for the legal advice
Should I wright a letter to the credit card company that took over the loan requesting that they respond in writing that there records only go back 12 month and that they can not provide me with the information I requested?
Will this help my case that will prove in writing that they can not provide me evidence?
Will this help my case that will prove in writing that they can not provide me evidence?
SteveSS
Addicted to ArboristSite
I haven't read all three pages of this posting yet, but SVK is SPOT ON here. If they can't give you any details of the "transactions", tell them to go and get bent until they can. There's a new scam going around where these clowns try and bully folks into believing they owe a debt, and then tell them that the only way to resolve said debt is to go out and put the balance on a pre paid credit and call them back and give them the number. It's 100% a scam. Don't let them fool you.
Every now and then they fall on a guy like you that had trouble in the past and the bully tactics get them to believing that they're really in trouble. DON'T FALL FOR IT......especially if you know good and well that you've already paid those debts. It's a numbers game for these folks. They call thousands of folks a week, and even if 5% send them money, they're still getting rich off of these scams. Be very careful, my friend. And good luck.
Yes it only credit card debt. Under interrogatories can I write a letter requesting the company that took over that debt to submit in writing that there records only go back 12 months?
Because they say they can only go back 12 months, they can not provide me the original account numbers of the debt they took over? As I believe the other party is suing for a debt I have already paid.
Thanks the soda is on me.
I realize what I'm saying flys in the face of all logic and honor as well, but go read a credit card application....all the fine little gibbly gook writing and you'll see it's all there. Its unsecured debt. Make sure if you are married that the card is NOT in both yours and your wife's name as she will suffer (credit rating wise) if it's in both your names make sure she is aware of the challenge and your chosen path together. Financial difficulty is major marriage killer.
Pruning@trunk
CO2 Lover
not sure why the credit card company is the bad guy here. please tell me why? this is what is wrong with people in america-they never take responsibility for their own actions. If you spent the money pay it. if you didnt have money to spend then you shouldnt have spent it. I think playing the game you are playing is just wrong and you should be ashamed of yourself! remind me not to lend any money to you or people like you.
SteveSS
Addicted to ArboristSite
Also, bully tactics are against the law from debt collectors. Keep judicious notes and present them when the time comes. My thought is that you're being scammed though.
A good way to find out is to ask them how they'd like to be paid.
A good way to find out is to ask them how they'd like to be paid.
There won't be any interrogatories, don't bother responding at all. Tape record all the threats and keep a log of the times and how many times they contact you. Worse case let them know you are in the process of filing chapter 7 bankruptcy (NOT CHAPTER 13) -chapter 7 means a court will dismiss your debt and 13 means a trustee will disburse your continued payments in as best a fashion as they deem.
This is how it works in NJ...maybe TX is different but CC debt is CC debt.
SteveSS
Addicted to ArboristSite
Maybe a little harsh. Have you never fell on hard times. Lord knows I have. And for hell's sake, we all know there are a million scammers out there. Cut the guy a break maybe, and give him a little benefit of the doubt. He said he paid the debt. I have no reason up to this point to think he's a liar. Why do you?
I don't have way to record phone calls, I am not in a situation to buy one. I'm sell firewood, I'm broke!
GL0B0TREE
Confidante
oh man, let me know if you cant find a solution, message me privately, thanks.
SteveSS
Addicted to ArboristSite
Clerical errors happen every day. Three years ago I had a repo company come and take my truck, that was fully paid up. They wouldn't listen to a word I had to say because they had the repo order and I was just some guy who they thought owed some money. Well guess what?? After a few phone calls to the bank, my truck was returned the next day, and after a talk with my lawyer who did the work pro bono, him and I both ended up $8500 better than when we started. I wished they'd come back and take that truck again. I'd be a freaking millionaire.
The point is.......don't let them bully you. Make them prove it. If they can't, you don't owe them squat.
Keep a note pad by the phone. Log everything.
Many times, in a court of law, Judgements are decided by who had better documentation. NOT by who was right.
SteveSS
Addicted to ArboristSite
Ended up being a typo on the repo order and they fat fingered the VIN. The truck they were looking for was in Maryland. I live in Missouri. It happens.
That's difficult to do when I get a call and I'm in the field.
SteveSS
Addicted to ArboristSite
And if you keep good notes, and can prove they violated the debt collection standards, then you can make them pay you. It's that easy.
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