Ask Me Help Desk - Collection Agency refused my offer!

About 2 weeks a go I got a Civil Summons from a law firm that represents Velocity Investments saying that I owed 2989.00 and I have 20 days to respond. I found all my statements from Providian that came out 1700 in total purchases (not including late fees, interest, etc and with all that it is like 2200.00)
I called them today to to see what they had to offer and didn't like the 3000. Dollar amount, So I told them all I could scrap up was about 800.00 which would be half of the total purchase amount. The lady told me NO that if I could afford a 900.00 month house payment then I could do 2600.00 but not a penny less, she also said that she would put a judgment against my home and that I need to make up my mind on what I wanted to do... So I told her I din't have that kind of money and to send me another summons with a court date in Mercer Co. and I would see them there, then she said that they wouldn't do court date- they would just put a judgement on my house. And go after my husband as well.

Oh and She kept saying my client and I asked her who she was her client and she told me Velocity and I told her, that I never signed anything with them and that I wanted some kind of proof that I signed anything with them. She then told me that she didn't have to show anything that when I signed for my purchases that was my contract with them.

WHAT do I do now? I'm scared, don't work and have no money.
Did I screw up by calling them and making an offer?

Can anyone help me PLEASE..

And maybe I'm wrong, but in my state they can't go after my husband from what I read on KY's KRS wesite, that I am responable for my own debts?

OH and I don't know if this helps: the last payment I made was Aug 02

I hope you could all make since of this.

Thank you,
Amy

Ok, first of all she has violated the Fair Debt Collections Practices Act multiple times. From threatening legal action she doesn't intend to take to threatening to take your home.

Here is what I would suggest you do:

1. Get on the internet and look up the Fair Debt Collections Practices Act. There are several things listed for which you need to be aware. If you want a summary of your rights provided by the FDCPA, my email is listed below and I will send you one if you want it.

2. Spend the money to purchase or go borrow a small tape recorder to plug into your phone and record any conversation you have with this person. Some states don't require notification of the other party, some do. However, if the collector has a recording stating that “this call may be recorded” for whatever reason, I believe you don’t have to notify them of anything.

3. Send these people a Debt Validation letter via certified mail immediately. I will also provide you with a sample if you want.

4. Go down to the courthouse and file a motion (they should have a form in the clerk’s office) and all you have to do is write a one sentence statement that states you do not recognize this debt as yours.

5. Send a Cease & Desist letter to this company to stop all future phone contact and communicate only via written means. I will send you a sample of this as well.

She is not taking your offer of settlement because she knows you are scared and she is trying to get more out of you than your offer. In addition, this is still considered a fairly new debt and still has more value to it than the amount you are offering.

In any case, should you make an offer which they accept, you must get in writing from them an agreement to remove or mark paid with no negative information on all credit reports the account which you settle prior to any payment being made to them. Ever. Unless you do this, you are wasting your money because the credit report will continue to show a “Paid Settlement” and will count as much against you as if you hadn’t paid the bill at all.

Pat Hicks
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[email protected]

First, no you didn't make a mistake in offering a settlement. Second, you do need to familiarze yourself with the FDCPA.

Its not clear what a Civil Summons is. But generally it's a notice of intention to obtain a judgement. To prevent them from getting a default judgement, you have to file a Notice of Intent to Defend against the suit. You have a time frame in which you have to do that. So do that right away.

These collectors are canny. Without knowing the exact words they used, its hard to say if they actually violated the FDCPA or not. But the facts are they cannot go after your husband for debt he didn't sign off on. There is no such thing as "putting a judgment on your house". They MIGHT be able to put a lien on the house, but all that does is mean you can't sell the house until you satisfy the lien. They can, however, go after joint bank accounts, if they obtain a judgement.

After you file the Intent to Defend, you send them a Discovery motion asking for proof of the debt and their right to collect it. If they have such proof, you will probably see them in court.

Thank you jphicks. I will email for all that info. Again thank you for the help..

Quote:

Originally Posted by ScottGem

First, no you didn't make a mistake in offering a settlement. Second, you do need to familiarze yourself with the FDCPA.

Its not clear what a Civil Summons is. But generally its a notice of intention to obtain a judgement. To prevent them from getting a default judgement, you have to file a Notice of Intent to Defend against the suit. You have a time frame in which you have to do that. So do that right away.

These collectors are canny. Without knowing the exact words they used, its hard to say if they actually violated the FDCPA or not. But the facts are they cannot go after your husband for debt he didn't sign off on. There is no such thing as "putting a judgment on your house". They MIGHT be able to put a lien on the house, but all that does is mean you can't sell the house until you satisfy the lien. They can, however, go after joint bank accounts, if they obtain a judgement.

After you file the Intent to Defend, you send them a Discovery motion asking for proof of the debt and their right to collect it. If they have such proof, you will probably see them in court.

Thank you very much. I will get this done ASAP for my time is running out QUICK.

Quote:

Originally Posted by ScottGem

They can, however, go after joint bank accounts, if they obtain a judgement.

Even if I have no income what so ever? And if it comes down to s/thing like that*fingers crossed it wont* but if it does, I do have an checking acct that receives my child support when my ex wants to pay, can they take my sons child support? And I keep reading about SOL and that it runs out in 5 years in KY, could they be pressing me now knowing it's about to run out? And if this manages to drag out can I use it later?

If you have an account in your name, solely or jointly they can attach it. You would then have to go to court to prove the funds are not yours.

Quote:

Originally Posted by ScottGem

If you have an account in your name, solely or jointly they can attach it. You would then have to go to court to prove the funds are not yours.

Would my diorvce degree stating that my EX has to pay child support for our son ?
And tax returns showing my husbands income only ?
Is that what you mean?

And Thank you for all the info, it's very healpful.