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| *Ostroff, Fair and Company>>>Credit |
I'm getting bullied by a debt collector :( what will happen next? |
I'm being harrased by debt collectors. They have been calling my mothers house and telling her everything about my situation and scaring HER by telling her I will go to jail if I dont call them back. I'm pretty sure that is illegal to tell her anything about my account with them. They are threataning to send me to court now. They called my mom again today and told her they would be sueing and to get a lawyer. I know I cant go to jail but I live 1000 away from where I would have to appear in court. Will this affect me? I know I owe them some of the money (im wondering if they tacked on more to it because it sounds about double what I thought) but I am not working right now and my fiance has his own debt to pay off. I guess that doesnt matter because to them its not hardship. If they take me to court and I dont show up what happens? What can they do after that? If I am unemployed and they cant garnish wages what will happen? Im not really sure what they can do if I make no money right now OK, first let me say, if the collectors are actually stating those things to your mother, they are in serious trouble. Fact 1: Collectors cannot disclose details about an account to any third party without your permission. Fact 2: No one goes to jail for debts. Ever. Fact 3: If they state they are going to sue you, it has to be a regular and typical course of action for their company. If not, they're in violation of the FDCPA. Fact 4: They can take you to court if the creditor they are representing allows for it. It depends on the amount and type of debt. There is no point in spending more money in legal fees than what you collect from a paid account. Just a note: If possible, have your mom record these conversations. If you can get a collector stating those things on record, generally the creditor they represent will end up paying YOU off to keep THEM out of court. FDCPA is not a suggestion, its federal law. I hope that helps! Good luck! Source(s): 5+ years in the collections industry There are limits. HOWEVER, if you don't pay the debit they can take you to court and win a judgement against your waives. The only way they will stop calling is if a lawyer send a cease and desist letter. A personal one will not do it.... Trust me...(personal experience) It honestly sounds like you need to file bankruptcy First things first: Send each and every collections company that you are getting calls from and send a Cease and Desist order by mail. By law they have to stop calling and you can sue them if they don't. Secondly, have your mother change her phone number - that way she won't be getting any more calls, and stop putting her on your applications if you aren't going to meet your debts. They can't put you in jail - there is no debtors prisons in the US. They can sue you and if you don't show the judge will automatically order in their favor. Once they have that judgement - they can try to garnish your wages if your state allows that. If they can't garnish any wages due to your being unemployed, then they are SOL. However - you can in the meantime contact the original creditor and negotiate terms, like $10 a week or something, and start paying off the debt. That will cut the collector right out of it and screw them on their "fees". Depending on the amount you owe...maybe bankruptcy. That would stop the calls to your Mother for sure. If you don't show up in court the other side automatically wins. Debt collectors don't usually take people to court, although sometimes they do. If they take you to court and you don't show, you lose by default. This would put a judgment on the Public Records section of your credit report, which brings your credit score down. Like you said, there is no debtors prison. Unless they win a lawsuit, there is really not much they can do except call you and put bad marks on your credit report. Think about this though, and tell your mother this.....do phone calls REALLY hurt you? I have a solution for those phone calls. Go to your local sporting goods store and buy one of those blow horns. Whenever a debt collector calls, put the horn to the mouth piece and BLLOOOOOOOOOOOOOOOOOOOOOOOOWW!... I'll bet they stop calling. Will your mom give you money for a settlement or reduced rate payoff? |
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