PDA

View Full Version : is a collection agency able to do this to me?



50kta
18th January 2009, 15:21
a collection agency told me they were going to put a lien on my wifes house. now let me tell you no where in the contract is my name signed, when my wife bought the house. nor is her name signed in/on the bill/debt i owe.
so can a lein be put on my wifes house?
how do you know youre answer?

Ancona
18th January 2009, 16:33
a collection agency told me they were going to put a lien on my wifes house. now let me tell you no where in the contract is my name signed, when my wife bought the house. nor is her name signed in/on the bill/debt i owe.
so can a lein be put on my wifes house?
how do you know youre answer?


Credit card debt and medical debt are both unsecured types of obligations. These animals can threaten to do this, but if you get a recording of them doing so, you can sue them. It is a crime in most states to lie to someone while attempting to collect a debt. Unsecured debt is just that....unsecured. In Florida, after [I think] four years, the debt is uncollectable. Period. They can call you and send harrassing letters, but in a court of law, they will be told to piss off.

In my opinion, you should start recording these calls. If these assholes cross the line, there are plenty of ambulance chasers who will be willing to file suit. And you will win. The new statutes promulgated to protect Americans from this very kind of abuse are broken all the time. Most folks do not know their rights and either allow themselves to be abused, or are too embarassed to do anything about it. If you wish, I can look up the statutes for your state and hook you up with information.

Debt collectors are doing a job just like you and I. Sometimes, however they cross the line. Threatening your wife is bullshit, and I would counsel you to not put up with it.

If you owe a debt, and find yourself unable to pay, yopu have the recourse of bankruptcy.....a clean slate. If it is unbearable, and you feel that there is NO way youcan ever pay this debt, you should get a professional to give you an opinion [an objective one] as to your options.

But threatening bill collectors.....lower than an amoebas belly. I would rather take a job as the guy who pumps out those portable job-site toilets. At least I would have SOME pride at the end of the day.

But that's just MY opinion, take it for what it is worth.

Keep on stacking though....................

50kta
18th January 2009, 17:07
. If you wish, I can look up the statutes for your state and hook you up with information.



i woul like that if it were to be no problem. thanx for youre help

Ancona
18th January 2009, 17:45
. If you wish, I can look up the statutes for your state and hook you up with information.



i woul like that if it were to be no problem. thanx for youre help

I need your State. The laws vary from State to State. They are identical on a Federal level, but some States have added protections that are unique to the Federal Statutes.

50kta
18th January 2009, 21:34
im sorry i live in ohio

Ancona
18th January 2009, 22:12
im sorry i live in ohio

go here: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

And here:
http://codes.ohio.gov/orc/2305.07

Basically, they have to take you into court within 6 years. If they do not, too bad for them. They cannot report it on your credit report nor can they collect it.

In addition:
http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001602----000-.html

sunsetcliff
18th January 2009, 23:58
..dont talk to them. the minute you open your mouth- you loose. even when you tell them the truth- they dont beleive it.

fansubs_ca
19th January 2009, 01:17
even when you tell them the truth- they dont beleive it.

That's an unfortunate side effect of the number of times _they_ have
been lied to. At some point it makes a person very cynical.

As to the law, you'll really need to check out the laws for your state. In
states with some common sense you and your wife aren't responsible for
each others debts but I understand some states have some stupid
"community property" rule where you are responsible for each other's
debts. (Those states are all in need of some reform...)

Strictly speaking it is your debt, when you took it out you did make a
promise and should deal with it as soon as is practicaly possible. I don't
really like the position of those who are advocating stalling until the
"time expires" on it.

That said your wife took no part in making that promise so they should
leave her alone on ethical grounds regardless of what the law says.

Once you check out the laws just simply tell them you know them, what
they are and that they have to work this out with you and leave your
wife alone because she had nothing to do with borrowing the money in
the first place. That said, show some good faith and pay what you can
when you can until it's settled. Threatening to sue them just re-inforces
the idea in their minds that you are trying to pull something so don't go
there.

Ancona
19th January 2009, 08:54
That's an unfortunate side effect of the number of times _they_ have
been lied to. At some point it makes a person very cynical.

As to the law, you'll really need to check out the laws for your state. In
states with some common sense you and your wife aren't responsible for
each others debts but I understand some states have some stupid
"community property" rule where you are responsible for each other's
debts. (Those states are all in need of some reform...)

Strictly speaking it is your debt, when you took it out you did make a
promise and should deal with it as soon as is practicaly possible. I don't
really like the position of those who are advocating stalling until the
"time expires" on it.

That said your wife took no part in making that promise so they should
leave her alone on ethical grounds regardless of what the law says.

Once you check out the laws just simply tell them you know them, what
they are and that they have to work this out with you and leave your
wife alone because she had nothing to do with borrowing the money in
the first place. That said, show some good faith and pay what you can
when you can until it's settled. Threatening to sue them just re-inforces
the idea in their minds that you are trying to pull something so don't go
there.

I did not advocate stalling, nor did I diminish the idea that this individual has a contract with some entity for the payment of monies. His issue was with the threats being levied against his wife, who is no part of this obligation [per the information given] and he takes exception to this.

My mention of the statute of limitation, was meant for informational purposes, as this debt may be beyond six years in age [since the last payment] in which case, the phone calls are nothing more than harrassment.

I offer information only, and would never suppose to advise someone to walk away from a personal obligation, but it is the rights guaranteed by the Federal and State Governments that determine the validity of this debt, not myself or any other forum contributor.

The fact remaions that there are many folks who have been hammered by predatory credit card rules such as pay your electric bill three days late, and have the interest jacked from 12 to 29 percent on all of your cards.

I have NO love for the credit mongers out there. None. If these guys are breaking the law by calling after a certain hour, or lying to you or making threats against others in your household, I say BURY them.

When and IF credit card companies begin to treat their customers with respect and dignity, and stop abusing the system to wring out another penny of profit at the expense of families in our country, then MAYBE I'll give them the benefit of the doubt.

Until then, piss on 'em.

sunsetcliff
19th January 2009, 10:25
That's an unfortunate side effect of the number of times _they_ have
been lied to. At some point it makes a person very cynical.

As to the law, you'll really need to check out the laws for your state. In
states with some common sense you and your wife aren't responsible for
each others debts but I understand some states have some stupid
"community property" rule where you are responsible for each other's
debts. (Those states are all in need of some reform...)

Strictly speaking it is your debt, when you took it out you did make a
promise and should deal with it as soon as is practicaly possible. I don't
really like the position of those who are advocating stalling until the
"time expires" on it.

That said your wife took no part in making that promise so they should
leave her alone on ethical grounds regardless of what the law says.

Once you check out the laws just simply tell them you know them, what
they are and that they have to work this out with you and leave your
wife alone because she had nothing to do with borrowing the money in
the first place. That said, show some good faith and pay what you can
when you can until it's settled. Threatening to sue them just re-inforces
the idea in their minds that you are trying to pull something so don't go
there.

...I get calls every week now for 2 years over Tina. she lost this place to forclosure. Even when I tell them to check the courthouse record- they STILL call here. I have changed the number once.

they do not believe what I say. Therefor- there is no benefit to me what-so-ever to talk to them. NONE.

I should not have to pay for caller ID. those robo calls are terrible. how do you tell a computer not to call you? it cant be done.

fansubs_ca
20th January 2009, 03:40
...I get calls every week now for 2 years over Tina. she lost this place to forclosure. Even when I tell them to check the courthouse record- they STILL call here. I have changed the number once.

they do not believe what I say. Therefor- there is no benefit to me what-so-ever to talk to them. NONE.

I should not have to pay for caller ID. those robo calls are terrible. how do you tell a computer not to call you? it cant be done.

When I lived in an apartment me and my roommate who both had separate
phones got a few calls for someone named "Tracy Domski". I think he got
called once and I got called twice, I think the second time the guy called
me was by accident. I even dug a bit and asked the caretaker if there had
ever been anyone by that name in the building and he'ld never heard of her.
(I do wonder if it was a fake name used by a previous tenant, at the time
I didn't think to ask the mailman.) Never heard from them after that, did
keep their number for a long time incase I did stumble on who the mystery
debtor was.

I agree these guys that are calling you are failing to check their facts
by not verifying the court records. Their slipshod work does need to be
corrected, they are just going about things in a dumb way. Part of the
problem is that the bigger an organization gets the stupider it gets,
unfortunately that goes for bill collectors as much as other bussinesses.

I know why _you_ don't want to talk to them but in 50kta's case he is
the debtor so refusing to talk to the bill collectors on his part would be
improper.

Though also "Tina" is just as much at fault for your current suffering.
Truthfully if I were in your position and I was able to locate her I'd be
tempted to grab her off the street tie her up and drop her off at the
bill collectors office. (Maybe I have some emotional baggage because
of those 2 guys who each borrowed 25 cents from me in Junior High
and _still_ haven't payed me back. That was a lot of money back
then. ^_-)

fansubs_ca
20th January 2009, 04:06
I should not have to pay for caller ID. those robo calls are terrible. how do you tell a computer not to call you? it cant be done.

I remember a device called "friends only" that the caller would have to
enter a 3 digit code before it would ring through. Of course you gave
the code just to people who you wanted to be able to reach you. Any
automatically dialed call that played a recording would of course not be
intelligent enough to get thourgh it. Any human bill collector that would
sit and go through all 1000 combonations would also do their homework
and check the court records about "Tina" like you told them to. ^_-

This was back in the days before caller ID was widespread when I seen
it so I can't find any trace of them anymore but you could set up an
Asterisk PBX (do a web search) to do the same thing. Heck even if
you wanted radom calls (surveys or sales) to still reach you the message
could be set up to say what the digits are and the autodialed machines
would of course still be too stupid to get through.

It would be a one time cost rather than ongoing like caller ID and would
be pretty cheap as it could be built with a used computer that's a few
years old and a few cards to grab the incoming phone line and provide
a jack for your current phones if you didn't want to get IP phones. You
could cut out one of those cards if you switch to an IP phone provider
and didn't have to grab a POTS (Plain Old Telephone Service) line. The
IP phone provider/providers may even work out cheaper than your current
POTS line and most IP phone providers include caller ID as part of the basic
service because whether it's included or not has no real bearing on their
operating costs.

sunsetcliff
21st January 2009, 05:59
I remember a device called "friends only" that the caller would have to
enter a 3 digit code before it would ring through. Of course you gave
the code just to people who you wanted to be able to reach you. Any
automatically dialed call that played a recording would of course not be
intelligent enough to get thourgh it. Any human bill collector that would
sit and go through all 1000 combonations would also do their homework
and check the court records about "Tina" like you told them to. ^_-

This was back in the days before caller ID was widespread when I seen
it so I can't find any trace of them anymore but you could set up an
Asterisk PBX (do a web search) to do the same thing. Heck even if
you wanted radom calls (surveys or sales) to still reach you the message
could be set up to say what the digits are and the autodialed machines
would of course still be too stupid to get through.

It would be a one time cost rather than ongoing like caller ID and would
be pretty cheap as it could be built with a used computer that's a few
years old and a few cards to grab the incoming phone line and provide
a jack for your current phones if you didn't want to get IP phones. You
could cut out one of those cards if you switch to an IP phone provider
and didn't have to grab a POTS (Plain Old Telephone Service) line. The
IP phone provider/providers may even work out cheaper than your current
POTS line and most IP phone providers include caller ID as part of the basic
service because whether it's included or not has no real bearing on their
operating costs.

Where can I buy such a gadget- a cheap one is a business model over $600.

sunsetcliff
21st January 2009, 06:02
When I lived in an apartment me and my roommate who both had separate
phones got a few calls for someone named "Tracy Domski". I think he got
called once and I got called twice, I think the second time the guy called
me was by accident. I even dug a bit and asked the caretaker if there had
ever been anyone by that name in the building and he'ld never heard of her.
(I do wonder if it was a fake name used by a previous tenant, at the time
I didn't think to ask the mailman.) Never heard from them after that, did
keep their number for a long time incase I did stumble on who the mystery
debtor was.

I agree these guys that are calling you are failing to check their facts
by not verifying the court records. Their slipshod work does need to be
corrected, they are just going about things in a dumb way. Part of the
problem is that the bigger an organization gets the stupider it gets,
unfortunately that goes for bill collectors as much as other bussinesses.

I know why _you_ don't want to talk to them but in 50kta's case he is
the debtor so refusing to talk to the bill collectors on his part would be
improper.

Though also "Tina" is just as much at fault for your current suffering.
Truthfully if I were in your position and I was able to locate her I'd be
tempted to grab her off the street tie her up and drop her off at the
bill collectors office. (Maybe I have some emotional baggage because
of those 2 guys who each borrowed 25 cents from me in Junior High
and _still_ haven't payed me back. That was a lot of money back
then. ^_-)

Hehe, I am still owed $63 back in high school. I think I got a lab in. I located his mom out of state. Sent a 3 pace handwritten letter. I mentioned some of the pranks we did over 20 years ago... I never got a reply. OOpsy/ lol.

I was looking for a neighbors name and phone. I seen MY INFO in the reverse directory. But now they have my name. I did not list the phone to any street address!

the robo calls are the worst.

fansubs_ca
22nd January 2009, 02:47
Where can I buy such a gadget- a cheap one is a business model over $600.

Cheapest is to build your own using a second hand computer. Here is a page
on some of the "how to" steps:

http://www.chayden.net/Asterisk/SeUpAsteriskAtHome.htm

It's a little bit old but the basics are still the same. If you use an IP based
provider and either IP phones or hardware SIP adapters for regular phones
it covers everything you need to know. There are a few more steps to
configure cards for things like captuing a POTS line but it's all GUI through
a web browser so shouldn't be too hard. Asterix@Home is now called
Trixbox. You can download the software for free here:

http://www.trixbox.org/

If you wanted to have a card to capture a POTS line I'd need to ask one of
my friends who built one as I don't have that one bookmarked. (There may
be some links to suppliers on the trixbox web site as well.)

I got stalled when I tried to build one myself because the software
wouldn't install on the particular machine I had (kept looping back to
the press enter to install screen). I plan to make that machine my
new NT server box so I can then use the old NT server box for a PBX.
I just haven't gotten around to it yet though. (I'm a bit prone to
procrastination. ^_-)

The PBX has voicemail features so it also replaces your answering
machine.

One final thing, be sure that you remember to change all the default
passwords to something that's hard to guess to prevent someone hacking
your PBX. ^_-

As far as I can tell the original "friends only" device is no longer available.

hiyosilver
22nd January 2009, 03:05
I don't know alot about this situation, but I do know that in some states after a couple has been married 10 years, all properties become community properties, and in a case such as a divorce both parties have rights to equal shares.

inindix
20th March 2009, 02:57
I remember a device called "friends only" that the caller would have to
enter a 3 digit code before it would ring through. Of course you gave
the code just to people who you wanted to be able to reach you. Any
automatically dialed call that played a recording would of course not be
intelligent enough to get thourgh it. Any human bill collector that would
sit and go through all 1000 combonations would also do their homework
and check the court records about "Tina" like you told them to. ^_-

This was back in the days before caller ID was widespread when I seen
it so I can't find any trace of them anymore but you could set up an
Asterisk PBX (do a web search) to do the same thing. Heck even if
you wanted radom calls (surveys or sales) to still reach you the message
could be set up to say what the digits are and the autodialed machines
would of course still be too stupid to get through.

It would be a one time cost rather than ongoing like caller ID and would
be pretty cheap as it could be built with a used computer that's a few
years old and a few cards to grab the incoming phone line and provide
a jack for your current phones if you didn't want to get IP phones. You
could cut out one of those cards if you switch to an IP phone provider
and didn't have to grab a POTS (Plain Old Telephone Service) line. The
IP phone provider/providers may even work out cheaper than your current
POTS line and most IP phone providers include caller ID as part of the basic
service because whether it's included or not has no real bearing on their
operating costs.

Yeah, it would be better on one time cost rather that ongoing likecaller ID...




__________________
Call Center Software (http://www.inin.com)