Ask the reformed debt collector.

[Agent_Foxtrot]

@MsRobyn

I’ve never been contacted by these people since 2000. The current contact was the initial letter and my phone call.

How can I find out where the case is being filed?

Robin

I’m not sure how. If you’re really getting sued by them, you’ll may just receive a court summons in the mail. When was their last letter/contact with you? I’m a little hazy on that.

@Dogzilla

I’m so mad right now, I could just spit.

First, ftr, my FICO score is well above 800. Credit ratings don’t get much better. The only money I owe anyone is my mortgage – which is current, btw.

I just got a call from Capital Management Services and spoke to an asshole named Daryl. (And, oh yeah, I’m naming names on a public message board. You betcher sweet ass.) He asked for Dogzilla Lastname (my name is about as common as Jane Doe). He gave four digits and I said, “what are those numbers?” He says, “are those the last four of your social?” I replied, “Why, no.” Then. And here’s where I get really mad. “Of course you’d say that. Who lives at [some address I never heard of]?”

Finally, he decided he couldn’t prove I was the Dogzilla who owes Sears two grand and claimed he’d take my record off. I simmered about his shitty little comment for a second and then called back and asked to speak to a boss like person. Another chick answered and put me on hold until finally the line cut off. Now, I’m hopping up and down mad.

I’m calling them back and harrassing the shit out of them until I get a name and an address. Then I’m writing a letter and sending it certified mail. Hey, if I owed money, I’d be happy to pay it off. But under no circumstances will I be treated like a common freaking criminal until the asshole on the other end of the line actually verifies I really AM the common criminal they’re looking for. I’m copying the state Attorney General’s office, the FTC and the National Association of Consumer Advocates (who has a web site listing attorneys in my area) as well as Sears, the company who keeps reporting this debt.

See, this is the second time I’ve had this exact same conversation with another rude, condescending asshole. No questions for the OP; I’m just too pissed off for words right now. Thanks for starting this thread; I read it last night, so I happened to be aware of my options on the phone a few minutes ago. This is a valuable public service. THANK YOU.

grumble grumble… f(*&#@ing Sears…

You’re welcome.

Adam

[MsRobyn]

Sorry about that. The last contact with them was last week. I got the message from their legal department Thursday afternoon.

Robin

[Q.N.Jones]

@Agent Foxtrot

Yes. The collection agency responsible for your student loan may offer you a program known as a “rehabilitation”. Essentially, you will pay them $50 a month for a year (this may vary from agency to agency). If you make all your rehab payments on time, they will resume your previous payment schedule. If you don’t follow the rehab, however, they can and will garnish your wages (unless you live in PA, of course), repossess your assests, freeze your bank account, and even garnish your IRA and pensions (though I’m not 100% sure on that one). Student loans are no nonsense for a collection agency, since the agency basically buys the debt from the lender.

Thanks.

I’m currently doing a rehabilitation, although mine’s $500 a month. (Yeah, I know.)

Question: repossess my assets? Can you explain to me where they would get the legal right to bust down my door, take my stuff, and sell it? That’s news to me.

[Mycroft_H]

I don’t know about repossession of assets, but the right to take Income Tax refunds for non-payment of Student Loan debt is written into the Code of Federal Regulations (CFR). I found out about this when, shortly after I got married, the expected $4,000 tax refund was replaced by a letter explaining that it went against my wife’s debt. (:eek: “So dear, is there anything else you want to tell me?”) What was also frustrating was the 20%+ fees the collection agency added, plus the fact that the interest was no longer tax deductible because of the age. Oh well, we got through that and my wife’s credit must be OK now judging from the number of credit card applications she now gets.

Thanks for this thread Agent Foxtrot.

[Q.N.Jones]

@Mycroft H.

I don’t know about repossession of assets, but the right to take Income Tax refunds for non-payment of Student Loan debt is written into the Code of Federal Regulations (CFR).

This is one reason I have taken steps to make sure that I am going to owe the feds a tax payment at the end of the year, rather than the other way around.

What was also frustrating was the 20%+ fees the collection agency added

This brings up another question. The collection agency has refused to send me any printed information explaining how the terms of the debt I owe changed when the loan went into default. They claim that no interest is accruing on the debt and that they tacked on no fees, but I can’t get anything else out of them. Should I expect to see these fees tacked on at the end of the rehab period? What can I do that will be effective in getting them to tell me what the hell is going on?

Oh well, we got through that and my wife’s credit must be OK now judging from the number of credit card applications she now gets.

Heck, that’s no measure! I get 5 a week and my credit is abyssmal.

Another question: you mention that PA has no wage garnishment for “commercial debts.” Would that include for private student loans, or not? I’m looking to move somewhere to go back to school. Obviously, I won’t be taking out any more loans and will be living the life of a pauper.

I’m seriously considering choosing the school strategically, to find a state where there is no wage garnishment or only 10% garnishment. Do you have a list of states that have garnishment limits lower than 25%?

(I am not trying to avoid paying my debt. I became disabled from my job last year, and I have over $100K in student loans I must now figure out how to pay. The feds have been kind. The private ones make no allowances whatsoever for disability. I am just trying to figure out a way to pay the student loan AND afford rent, groceries, etc.)

[Roland_Orzabal]

1. Roughly what percentage of the people you called simply pay the debt when informed of it, without giving you any trouble?

2. Roughly what percentage of the people you called do you believe honestly did not understand why they had to pay the various debts they’d accumulated? (This, as opposed to accepting the debt but simply not wanting to pay it.)

[Nvme77]

I have been in collections for 5 years- and I do not feel guilty. Pay or find a way to pay-you made your bed, now lay in it.

And I have very little sympathy for single moms in their 20’s-bad choices do not excuse bad credit. Get child support and pay up.

Senior Citizen debt, I concur, is hard to get- fixed income can be a dead lock.
One thing that I’m still amazed by, however, is the number of people that are disabled and so young that are in debt.

Good for you that you got out of collections- I managed third party agencies and now manage collection teams for secondary and tertiary debt. I still love my job.

[Agent_Foxtrot]

Just wanted you all to know that I haven’t abandoned this thread. I spent all day working on my personal website. I’ll answer the latest questions tomorrow.

Adam

[hlanelee]

Aw, this brings back memories. I even got out my letter from the IR fucking S. Once when I owed back taxes (among other things) and had nothing left to take, they filed a lien on “property that you may own in the future”. :eek: After that I take no shit from any petty bill collector.

[Cheesesteak]

No thread on debt collection is complete without a link to the Fair Debt Collection Practices Act know it and love it.

MsRobyn, I’m curious that they claimed they would take you to court over a $1,000 debt. Especially if they haven’t spent much time trying to get you to pay without going to court. Especially if they haven’t so much as sent you a single solid document proving the debt, hell they can’t even describe it reliably on the phone. Litigating a debt has got to cost hundreds of dollars, not a good deal for them. I’m wondering if that’s all a big bluff, which is a no-no. See Foxtrot’s “e” and the FDCPA’s 807.5

[MsRobyn]

@Cheesesteak

No thread on debt collection is complete without a link to the Fair Debt Collection Practices Act know it and love it.

MsRobyn, I’m curious that they claimed they would take you to court over a $1,000 debt. Especially if they haven’t spent much time trying to get you to pay without going to court. Especially if they haven’t so much as sent you a single solid document proving the debt, hell they can’t even describe it reliably on the phone. Litigating a debt has got to cost hundreds of dollars, not a good deal for them. I’m wondering if that’s all a big bluff, which is a no-no. See Foxtrot’s “e” and the FDCPA’s 807.5

I’m curious about that, too.

However, I consulted with a lawyer, who told me to let them file, if they’re going to, because that’ll be the best shot I’ve got at getting to the bottom of this. Otherwise, I’m going to ignore it altogether. Yeah, I know, it’s going to make my credit worse, but honestly, I don’t care anymore.

Robin

[Agent_Foxtrot]

@Q.N. Jones

Thanks.

I’m currently doing a rehabilitation, although mine’s $500 a month. (Yeah, I know.)

Question: repossess my assets? Can you explain to me where they would get the legal right to bust down my door, take my stuff, and sell it? That’s news to me.

If the student loan debt is owed to the Department of Education, then they could come in and take your wife’s ovaries, if they so saw fit.

@Roland Orzabal

1. Roughly what percentage of the people you called simply pay the debt when informed of it, without giving you any trouble?

2. Roughly what percentage of the people you called do you believe honestly did not understand why they had to pay the various debts they’d accumulated? (This, as opposed to accepting the debt but simply not wanting to pay it.)

1. I’d say that’s about 1 in 300. It’s pretty rare, though it does happen.

2. Depends on the campaign I was calling on. When I was handling Bank of America’s own accounts, pretty much 99% of people understood why they owed, even if they wouldn’t admit it. However, when I was collecting on Bank of America’s old Fleet Bank accounts, most people could honestly tell me that they closed the account years ago (we’re talking five or six years here, folks), and they have no idea why they still owe. Those are much more difficult to collect on.

@MsRobyn

I’m curious about that, too.

However, I consulted with a lawyer, who told me to let them file, if they’re going to, because that’ll be the best shot I’ve got at getting to the bottom of this. Otherwise, I’m going to ignore it altogether. Yeah, I know, it’s going to make my credit worse, but honestly, I don’t care anymore.

Robin

Going to court will help you. They won’t be able to hide on the phone and will finally have to cough up proof. And if you win, which it sounds to me like you will, they have to remove all derogatory information caused on your credit report.

Adam