Debt and Collections; question...... - Page 3

SahmIam · ‎04-16-2010

@chickenbutt Thanks.: ) That was what I was wondering and apparently, I was WRONG. ******. : (

Gram W · ‎01-22-2013

@SahmIam @@nycgrl@ill Handel and Clark Howard both give great free advice on their radio shows when you call in. Google Clark Howard and there is information on various ways to contact him. You can live stream him 1-3 Mon- Fri. I listen to his radio shows. He has discussed this problem several times and gives warnings as how to handle the situation. In extreme cases where it is needed he has actually helped people resolve the problem. Don't panic and respond in any way because often these are hunters who go to get unpaid bills. They often go after people with similar names. They get a percentage of money collected which is often paid blindly by people like your friend. Please try Clark if she can not afford a lawyer. Good lu

nycgrl · ‎05-08-2012

Have they provided proof of the debt? Doesn't matter whether it was valid. They can't touch her without it and if it is time barred there is nothing to worry about. They wouldn't take her to court - they'd get tossed.

Laura14 · ‎06-09-2014

@SahmIam wrote:
@Laura14 She returned THEIR call because she didn't know what this was about. Hearing that there is a "case with your name and your SS# on it" is scary. They also called her brother (who has dementia) and left a message; his nurse called her to tell her this.

By acknowledging the debt, there is a 3 year shelf life UNLESS a suit is file and then you have to appear in court and tell the judge that the Statute of Limitations has passed. If you don't, the court can rule you to pay the debt no matter how old it is.

Freaking hell. This is HORRIBLE. : (

@SahmIam I know she returned a call. That was @chickenbutt that was concerned.

In my opinion, she didn't acknowledge any debt under the law. Did they tape record the conversation when she was talking to them and gathering information? If she didn't make a payment or sign anything or send an email saying she was going to make a payment, she's golden.

These people usually scatter when you all of a sudden know your rights.

I stick to my original suggestion. Call them back. Tell them as soon as they provide the written statute that shows they have a legitimate right to collect the money they are asking for, then and only then will she consider their request. Not make a payment. Consider the request.

And even she has inadvertently acknowledged the debt verbally but not through payment of any kind, tell them she's been made aware that the debt is now expired and she will make the complaints with the appropriate agencies if they contact her again.

Unless she owes hundreds of thousands of dollars, they will scatter like the cockroaches they are and move on to the next little guy.

SahmIam · ‎04-16-2010

@Laura14 Yes, the call was recorded. Yes, the amount is in the thousands (around $9000 or so I believe she said).

You know what kills me? This was due to medical issues her deceased husband was going through. They paid what they could, lost their home, walked from debts that wouldn't work out a payment plan and then he died and....geez.

Edited to add:

Well, I'm going to go do more research and see if between all of us (family and this dear friend) we can figure out what will happen and what her rights are and everything else. Like she needed this in her life...*heavy sigh*

Laura14 · ‎06-09-2014

@SahmIam wrote:
@Laura14 Yes, the call was recorded. Yes, the amount is in the thousands (around $9000 or so I believe she said).

You know what kills me? This was due to medical issues her deceased husband was going through. They paid what they could, lost their home, walked from debts that wouldn't work out a payment plan and then he died and....geez.

@SahmIam Who, whoa, whoa. This is her dead husband's medical bills? Gimme the phone number now!!

She is not responsible for her husband's debts. Period. His estate is and I'm sure that was settled years ago. Too late!! If they want to go re-open probate, good luck.

And $9000 is nothing. Remember, the collection agency doesn't get that. They are supposedly collecting on behalf of the hospital so their portion of $9000 is nothing.

I want these people hung for scaring this woman like now.

Here's another article from the state of Oklahoma about just this issue. I'm sure her state has something similar. I honestly would call the AG office in your state and report them.

http://oklaw.org/resource/zombie-debt-collection-old-debts

Mz iMac · ‎07-26-2014

Fake Debt Collectors

"Never argue with a fool. Onlookers may not be able to tell the difference."

Laura14 · ‎06-09-2014

@SahmIam I am so angry for her! Please take a picture of her husband's grave and send it them as "payment". They can collect it from him at any time at his eternal address.

SahmIam · ‎04-16-2010

@Laura14 No, it's her debt. She used her credit card to pay for food, medical supplies, to pay OTHER bills when her husband was too sick to work.

Not that it matters because it's a debt in the eyes of the law. Last payment was 2006.

KYToby · ‎02-19-2012

The debt collector calling is known as a scavenger colletor. They essentially try to collect debts (usually outside the statute of limitations) that other debt collectors could not collect. They literally paid the other debt collector pennies on the dollar in hopes of collecting the full amount.

Your friend is not responsible as long as she does not make a payment and restart the clock ticking. If they send her something in the mail (as required by law), she can send them a letter (via certified mail) instructing them not to call her again. By law, once this request is made, they can no longer call her.

As another person suggeste, check out Clark Howard'ss site. He has helpful information.