How can I pay to creditors?

  • 0
    Samuel
    | 1 reply
    I have creditors call me. I took out some loans from the payday loan places on the internet. Most of them will not give me their mailing address to mail them a money order. I cannot give them access to my bank account because they will take out as much money as they want and ruin my checking account. How can I handle this situation?
  • 0
    Silvia
    | 2 replies
    Do get their mailing address! Do not give them access to your checking account!

    If they operate within the legal boundaries established by the FTC 'Fair Debt Collection Practices Act", they must provide you with the paperwork that shows who was your original creditor along with their mailing address and payment options.
  • 0
    IDontHaveOne replies to Silvia
    | 1 reply
    If you took out a loan on the internet, they ALREADY have your banking information, unless you changed banks and closed the original account.  How else would they have gotten the money to you?

    I had one who said they would issue a summons if I didn't pay up.  I told them I was unemployed.  The girl (I'd say woman, but she acted like a two year old, not letting me get a word in edgewise, and being hateful throughout the phone call, until I hung up on her), said unless I paid up that day, they would take me to jail.  I asked her how I was going to pay it if I was in jail.  "You'll have to stay until you do pay it.", she said.
    Then another man got on the phone when I called back and he was nice.  Said to call back two weeks later and would reevaluate my case.
    I did call, four times, but there was no answer.  I left messages, no return call.  So I'm not sure what will happen.  They COULD summons me to court, or it could be just harassment, I don't know.

    But whatever, I'm in over my head now, since I"m unemployed.  Wish me and you luck!
  • 0
    Neva
    | 1 reply
    I am getting calls from 760-514-0160  The man on the phone says he works with Robert Davis out of california, His name is John Matthews even though he has the worst accent in the world, I had taken out a payday loan and had to change my bank, When they called me I said I will send them a check if they give me their address, they will not and they want my bank account number - Not going to Happen.  Now they are harrassing me and my work, they are threatening to take me to court and put me in jail, this has been happening a Year and a half now,  Why will they not give me an address?
  • 0
    Mike replies to Neva
    Neva, here is a special thread for 760-514-0160 https://800notes.com/Phone.aspx/1-760-514-0160
  • +1
    EducateYourselves replies to IDontHaveOne
    It is a violation of Federal Law (Fair Debt Collection Practices Act) to threaten you with a summons, jail, etc.,.  There is no such thing as going to jail for a debt, debtors prisons went out with Oliver Twist.  Please folks, you are making so many mistakes.  Educate yourselves.  There are some very simple steps you can take to stop this stuff.  Do an Internet search on FDCPA (Fair Debt Collection Practices Act).  Read the consumer credit section of the FTC web site.  Read Budd Hibbs web site.  Most of all read Dave Ramsey's web site.

    I don't want to hurt your feelings, but if you are getting sucked into payroll loans, you are living life in a pretty uninformed and undisciplined way.  Make an effort to become financially educated.  Stop living beyond your means.  You would be amazed what a difference a few simple changes can make in your life.  I know you hate what is going on in your life with money, so learn how to change it.  This is a wake up call that can change everything and put an end to your misery.  Employed, unemployed, rich, poor, it doesn't matter.  I have been where you are (maybe worse), and I promise you there is a better way to live your life, but it takes discipline and change.  Go do it.
  • +1
    no debt
    I've gotten lots of US mail offering me a pay day loan from companies that I don't know and I throw them in the garbage. I never have applied for a pay loan and never wanted one, seem like you never pay them off. I always use my credit card and pay the balance off every month.
  • +1
    no debt
    and I don't use cash advances, they have high interest.
  • 0
    Always pay original creditor
    | 2 replies
    Never pay the collection agency
  • -1
    Credit Guy replies to Always pay original creditor
    | 1 reply
    You have to pay the collection agency once a debt is sold.  If you don't pay the agency, there is a good chance that the debt buyer who you now owe the money to will sue you.  They get a judgment against you and all because you listened to someone on a forum that said - never pay a collection agency.  I would imagine the person giving this advice has horrible credit and doesn't care to pay their own bills.  Just a guess.  Collection agencies work out amazing settlement offers that otherwise you never would have been able to do on your own.  People bash agencies, because some are bad...really bad, but others actually help and care that someone is on the road to recovery.  Never pay the collection agency - I wouldn't take that advice at all, if you care about your credit that is.
  • +2
    lamet replies to Credit Guy
    NEVER IGNORE A DEBT COLLECTION - but take the time to make SURE YOU HAVE YOUR BACK IS COVERED and not get ripped off by some UNLICENSED DEBT COLLECTOR.

    Just because someone calls and makes a claim - THEY ARE REQUIRED TO PROVE IT and ALLOW you to DISPUTE IT as required by LAW..



    THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS

    HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU

    READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE

    You can also post your questions here http://www.collectorsexposed.com/forum/   NEW URL!    

    These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx

    Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
    The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

    Dealing with Debt Collectors
    Http://www.budhibbs.com/First.htm    
        
    Statute of Limitations by State – always double check YOUR OWN STATE Government Website
    http://www.budhibbs.com/statute_of_limitations.htm

    Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
    http://www.budhibbs.com/record.htm


    From Federal Trade Commission Website – FAIR DEBT COLLECTION PRACTICES ACT
    Debt Collection FAQs: A Guide for Consumers
    If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
    The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
    Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
    Here are some questions and answers about your rights under the Act.

    What types of debts are covered?
    The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

    Can a debt collector contact me any time or any place?
    No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

    How can I stop a debt collector from contacting me?
    If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
    Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

    Can a debt collector contact anyone else about my debt?
    If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

    What does the debt collector have to tell me about the debt?
    Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

    Can a debt collector keep contacting me if I don’t think I owe any money?
    If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

    What practices are off limits for debt collectors?
    Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
        use threats of violence or harm;
        publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
        use obscene or profane language; or
        repeatedly use the phone to annoy someone.

    False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
        falsely claim that they are attorneys or government representatives;
        falsely claim that you have committed a crime;
        falsely represent that they operate or work for a credit reporting company;
        misrepresent the amount you owe;
        indicate that papers they send you are legal forms if they aren’t; or
        indicate that papers they send to you aren’t legal forms if they are.

    Debt collectors also are prohibited from saying that:
        you will be arrested if you don’t pay your debt;
        they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
        legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

    Debt collectors may not:
        give false credit information about you to anyone, including a credit reporting company;
        send you anything that looks like an official document from a court or government agency if it isn’t; or
        use a false company name.

    Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
        try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
        deposit a post-dated check early;
        take or threaten to take your property unless it can be done legally; or
        contact you by postcard.

    Can I control which debts my payments apply to?
    Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

    Can a debt collector garnish my bank account or my wages?
    If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
    Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

    Can federal benefits be garnished?
    Many federal benefits are exempt from garnishment, including:
        Social Security Benefits
        Supplemental Security Income (SSI) Benefits
        Veterans’ Benefits
        Civil Service and Federal Retirement and Disability Benefits
        Service Members’ Pay
        Military Annuities and Survivors’ Benefits
        Student Assistance
        Railroad Retirement Benefits
        Merchant Seamen Wages
        Longshoremen’s and Harbor Workers’ Death and Disability Benefits
        Foreign Service Retirement and Disability Benefits
        Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
        Federal Emergency Management Agency Federal Disaster Assistance
    But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

    Do I have any recourse if I think a debt collector has violated the law?
    You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

    What should I do if a debt collector sues me?
    If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

    Where do I report a debt collector for an alleged violation?
    Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

    For More Information
    To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
    The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
    February 2009

    File complaints with

    Federal Trade Commission  https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

    Your State Attorney General
    State Attorney General is every state they have offices

    Link to all State Attorney General Websites www.naag.org

    If you or they are located in NY – use this SPECIAL Link  www.NYDebtHelp.com
    This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE’S CRACKING DOWN AND SHUTTING THEM DOWN!
        
    Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html  If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list.   You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
  • +1
    stevenw replies to Samuel
    Any collection agency that won't give you their mailing address is most likely a fraud.   They must give you a mailing address if you request it in order to send them a "cease communication" letter  as per the.FDCPA ( Federal Fair Debt Collection Practices Act):

    "(c) CEASING COMMUNICATION.  If a consumer notifies a
    debt collector in writing that the consumer refuses to pay a
    debt or that the consumer wishes the debt collector to cease
    further communication with the consumer, the debt collec-
    tor shall not communicate further with the consumer...."

    There are exceptions to the "cease communication", but the relevant fact here is that if they refuse to meet their obligation, here to provide a mailing address so you can comply with the federal statute, in effect make it impossible for you to comply with the law, they violate the FDCPA.  If they call again and  it's legal in your state, record the conversation in its entirety, especially the portion where they refuse to  identify themselves and refuse giving a legal mailing address.   Then file a complaint with the FTC.  If they won't let up, consult with an attorney if for no other reason than if you have a lawyer, they must communicate through him and cannot continue to call you.

    Also, there has been a rash of thefts of data from on-line payday sites and fraudulent attempts to collect are well documented.   NEVER agree to give them access to your checking or savings accounts; they are almost certainly running a scam and will clean out your account--and you will still owe the debt.  

    Good luck.
  • +2
    not Michael
    Spam, reported for deletion

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