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 Post subject: Debt sucks
PostPosted: Mon Dec 29, 2008 2:24 pm 
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So my boss very nicely told me that a collection agency called for me twice today. The people I work for live where I work. It's a home business. Now my boss is the nicest person in the world. She wasn't mad at all. She said she has been in debt herself and just wanted to let me know. I told her that I would talk to them if they called when I was here. I'm feeling panicky and I hate that. My boss wouldn't fire me over it, I know that. I just am really embarrased. I know what creditor it is. Should I just mail them my new phone number (I got a new cell for Christmas) so that they stop calling my work? I told my boss to please refer any of the calls to me so that I could talk to them myself. I'm answering the phones today in case they call again, but I just have to let go of this right now. I feel like such a loser. I hate myself for letting it come to this. I know that being mean to myself isn't going to change the fact that they called this morning. I just hate myself for inconveniencing my boss. She is in no way mad or irritated at all. It's just my fear that's consuming me right now. Arggh.


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 Post subject: Re: Debt sucks
PostPosted: Mon Dec 29, 2008 3:21 pm 
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I know how embarrassing those calls can be :( , but the good news is you can take control and do something about it.

Quote:
Most, if not all collection agency efforts are governed by the Fair Debt Collection Practices Act. In this act:
1 A Collection agency may not contact you at work. The actual wording on the FTC website is "A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts"
2 A collection agency must stop contacting you if you send this request in writing. "you can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor"


If you don't want them to call your work and you know who they are that is calling you, a simple call to them should get the calls to stop. I have been through a lot of this personally, however, and have found that a follow-up in writing (sent certified) is always a good idea. Some of the companies are more honest and adhere to the law better than others, in my experience. Here is the Wikipedia site that has some good information on the FDCPA and what they can and cannot do in collecting your debt. In any case you still owe the debt, and need to find a way to work it out with the company to pay it off, IMO, assuming it's a valid debt. Most will work with you on a payment plan of some sort.

Oh, and you are not a 'loser' for this happening to you, at least not in my eyes. Half (or more) of the country is in some kind of financial hardship, much of that related to debt. Myself included--I very recently paid off the last of my debt, but I had several creditors after me at one point. The automotive industry is asking for a bail-out for goodness sake! You are not alone. ;) I think it's actually becoming the 'norm' to have financial or debt issues, lol. It seems that way lately, for many.

It sucks to feel panicky or fearful about anything. I find taking action has a way of belaying that type of anxiety for me. That, and a deep breath! Good luck, I wish you well.

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 Post subject: Re: Debt sucks
PostPosted: Mon Dec 29, 2008 3:29 pm 
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Thanks, Harmonium. Your reply gave me a lot of relief. I'm going to call and send that letter. I did not know it was illegal. Thank you so much!


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 Post subject: Re: Debt sucks
PostPosted: Mon Dec 29, 2008 3:34 pm 
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It's only illegal if they continue to do it after you tell them to stop, in writing. But then they can't send you any notices or anything, so you have to stay on top of things yourself.

It may be wise to just request they not contact you at work by telling them your employer disapproves of any calls not related to work, which I'm sure is true on some level (not many employers encourage personal calls). Just make whatever arrangement works for you, but be sure they understand your wishes and you adhere to the law too.

I'm glad you feel better and that I could help this time. :) You can handle this!

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 Post subject: Re: Debt sucks
PostPosted: Mon Dec 29, 2008 9:32 pm 
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I'm currently unemployed. In fact, ever since my surgery, I've had a hard time paying anything off. I've learned to ignore debt the way I ignore dry skin and insect bites. If there was something I could do about it, I would but I can't so I don't worry about it.

The economy is crap right now and everybody understands that fact so I doubt anybody would hold it against you. I get a ton of phone calls here at home from collectors. I don't even answer the phone anymore--piss on them!


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 Post subject: Re: Debt sucks
PostPosted: Tue Dec 30, 2008 11:41 am 
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terrabus, tell em you are going to record them. a simple, say it fast, "i am taping this" works. they hang up so fast. lol. if they dont and say something illegal, you have a great court case in small claims.

everyone, check your state statute of limitations on open credit. texas is 4 yrs. and after 7, it will fall off your credit reports. they can still sue, most dont tho, and you have a great defense as well as one for a frivolous lawsuit in return.

debt is sold for pennies on the dollar in huge bundles to collectors. it is not a criminal crime and no one can arrest you or take your house. they can get a judgement which lasts for 10 yrs and is renewable. judgements are also sold....

send everything CRRR certified return receipt requested and demand everything in writing. if you settle, get a 1099 for tax purposes. many times the amount of debt taken off is simply resold.....

CAs, most collectors, work on commission. the more they collect, the more they make. if you choose to make payments to a CA, have it in writing or it will go out the window in a month or so. be aware this creates a new contract and a new SOL.

the above is not intended as legal advice. it is info found in many places on the net with your rights as a consumer/ search it. search your state laws also, as they can differ.

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