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    shcirerf's Avatar
    shcirerf Posts: 3, Reputation: 1
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    #1

    Nov 22, 2007, 11:08 PM
    Fair collection practice? Nebraska
    My husband got a call Wed from a collection agency about a cc debt. They led him to believe they already had a judgement and if we didn't pay x amount immediately that day they would start garnishment.

    When I called them they didn't tell me they had a judgement, but could get one. Well, duh. Anyway, they are offering a deal on reducing the debt, and I told them I could have that amount in about 15 days. He says NO DEAL. Then said we could have until Tuesday to talk it over and decide what we wanted to do.

    Well I figured out how to scrape up the money and have it by next Wed. I want to call them back tomorrow and get address to mail payment, but I'm leary of talking to them any more on the phone. I'm considering calling and asking them to send out the offer in writing and when I get it I'll mail a copy back along with the check.

    They kept saying they couldn't leave the offer on the table any more than 5 days, and I personally think that's not true. Especially if I can get the money to them by the end of next week.

    What would be my best action at this point?

    janelle
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #2

    Nov 22, 2007, 11:24 PM
    Do not pay until you get the agreement in writing. Tell them to type it up and fax it then. You are in the right. Because they could just come back and say that they want the full amount. Also make that they send you a letter stating that the debt was paid in full...

    Good luck to you.
    shcirerf's Avatar
    shcirerf Posts: 3, Reputation: 1
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    #3

    Nov 22, 2007, 11:47 PM
    Thank you. They had my hubby in such a dither. I'm still wondering about the fact they told him they already have a judgement when they don't. That smells of fraud to me.

    But I will call and get an address and get it all in writing. Certified mail, I know faxing is fast and easy, but I prefer certified as I will have proof all documents were received by collection agency.

    The business of trying to get us to pay immediately and that they couldn't wait, also sounded fishy to me.

    Janelle
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #4

    Nov 22, 2007, 11:51 PM
    You're right, that does sound weird. You're going about this the right way. Any respectable collector will let you slide a little if they know that you are working on paying this debt.
    shcirerf's Avatar
    shcirerf Posts: 3, Reputation: 1
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    #5

    Nov 23, 2007, 12:00 AM
    I think the whole story from the C A was a scare tactic. Now that I've had a little time to think about it.

    Will get their address & fax and full name of Brian so I can make written contact only. Then I will get everything in writing. Using certified mail, at least from my end so I know they received docs. Will also send it so Brian has to go sign for it himself. My little jab back.
    Janelle
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #6

    Nov 23, 2007, 12:03 AM
    Good girl... Good idea.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Nov 23, 2007, 12:52 PM
    Quote Originally Posted by ChihuahuaMomma
    Do not pay until you get the agreement in writing. Tell them to type it up and fax it then. You are in the right. Because they could just come back and say that they want the full amount. Also make that they send you a letter stating that the debt was paid in full...

    Good luck to you.

    In some States a faxed document is not legal or binding -
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #8

    Nov 23, 2007, 12:57 PM
    Quote Originally Posted by JudyKayTee
    In some States a faxed document is not legal or binding -
    I did not know that. Good thing she is sending it certified mail then!:p
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