Not only that, your name can be sold from a debt you owe.
Look at your last statement. If the period of time has elapsed (each state is different) California is four years.
If you START paying the debt, then you are hung.
The debt company (third party) not the original debt creditor because:
1. They sold your name to another company to get the debt paid. 2. Will call you relentlessly and at work even though it's not legal.
Get the information if they call you. Tell them to send you the information they have. Say nothing that you owe you forgot, or anything like that. They will force you to say that you are the person that is on the debt. If you say yes, YOU ARE HUNG>
They will come to your local city's courthouse and:
1. Start proceedings where your CHECK gets GARNISHED. 2. If you fight it, you will have to make an appointment with the court - which takes up to 3 to 4 months -- meantime your check is getting garnished with INTEREST. 3. You tell the judge your side of the story. He never will go with your rights. He goes by what you still owe cause you said you did. 4. You can get a reduced amount garnished but your credit is now ruined. 5. Even if you pay it off in full your credit is ruined.
Before you talk to ANYONE:
1. Get to know your state's STATUTE OF LIMITATIONS. If you owe on a credit card, your name is sold and within that Statute of Limitations, the third party desperately tries to get you scared into paying. Let's say you owe Capital One (Scumbags of the worst sort). Here in California the statute of limitations is 4 years. I had no idea. I said yes, that's my bill, I was served by an old woman on a Sunday before church!!! I opened the door, she said my name, I said, yes, and she says you have been served. Oh God! Then they got me in court -- it's a nightmare. The $800 I owed in 4 years ballooned to $7,000.00 with interest! I paid $2,000 and still owed...they said they would lower the bill--they DIDN'T - LIARS!. 2. To make a horror story short when they call you and if they get you on the phone tell them to send you the information. 3. DO NOT SAY YOUR NAME> If you do, you are hung. 4. If they refuse to send you anything, then you tell them there's nothing I can do for you.
So if your statute of limitations is coming up on a credit card that you owe, watch out. Do not answer your phone. If someone calls you, tell them how can I help you. If they ask you your name, tell them what do you want. Repeat yourself. They will demand you say your name, just hang up.
They cannot get someone else at your office to say yes, this is who you are. It's illegal and they know that.
They have to get YOU to say who you are.
Anyway to end the horror story, the job had my position eliminated. Yes, the hounders still wanted payments and I had no job! Heartless!
They said the only way to stop them would be in court.
I went and filed BANKRUPTCY. Best thing I ever did. The calls stopped. Everything.
They were on the BANKRUPTCY and cannot harass me again.
My credit is A+, and I have a card. But I pay it off every month.
Please people. If you have a job, pay OFF YOUR CARDS. You never know when you may be downsized or eliminated. I don't want you to go thru what I went thru.
AND NEVER GET A CAPITAL ONE CARD. Even if you have 'security' in case of illness the card will pay your bill. You are paying that for nothing. I had that service. Never helped me. They paid $3.00. That's all! I was in the hospital from surgery and I got jacked up with this card too.
So now I have learned. PAY OFF YOUR DEBTS. Cook at home, eat out once every 6 months. Order from the dollar menu. Find books at the library, get the cheapest internet service you can get. Get a landline phone for cheap rates if you are broke, have your utilities on a C.A.R.E. program and just don't buy anything you don't need.
While I appreciate what you're attempting to say here - since you seem to have been put through the proverbial wringer, so to speak - I don't owe anything other than regular monthly bills. And those are paid automatically. So, no debts in collections (now, or ever).
My comment was directed at another poster and also to let others know that you can't get a judgment against you unless you've been served, had your day in court and lost.
While I agree that 'admissions against interest' are a hazard, you're in danger of leading the reader to assume that creditor lawsuits begin in a vacuum and always end in consumer defeat. I have difficulty believing that your junk debt buyer went straight to the courthouse without sending non-attorney collectors after you which you could have disputed. Defending your rights is as much a part of smart financial management as avoidance of excess debt.
} the job had my position eliminated
If your former bosses can't tell illegal harassment apart from "personal calls", you were working for the wrong people. Limiting and banning calls to a PoE gets special mention in the FDCPA, and it's not a hard provision to invoke.
} Will call you relentlessly and at work even though it's not legal .... They said the only way to stop them would be in court
A capital idea. When a simple validation request or cease-comm notice fails to shut up your collectors, naming them as FDCPA defendants should win their attention.
} You tell the judge your side of the story. He never will go with your rights. He goes by what you still owe cause you said you did.
The judge has no choice if it's established that you agreed to a lender contract, your name is on an account, a dollar amount is owed, the plaintiff has a right to take it from you, and you do nothing to challenge any of those assertions. People lose quickly in court thinking they have only to "tell the judge" a story. The judge (by the rules, anyway) is not your opponent and not your advocate. Your job is to hurl bricks at the other party until you hit something tender.
} They were on the BANKRUPTCY and cannot harass me again
Think so? Give it time. An agency desperate or dirty enough will be calling you one day about the same discharged debt, maybe even want to sue. The only difference is how hard you can swat one away with your court order.
} Let's say you owe Capital One
Let's say I agree that doing business with C-One is a great blunder. Its entire business model seems to ride on tricking people into creating a swollen balance, then suing for triple.
If they are a legitimate company then why aren't they answering calls, returning calls nor sending out correct letters with release form. Been trying to reach someone from their office for 3 months now.......always the same damn answering machine.......smh
going to file complaints with state attorney office and better business bureau
They are still operating, but have a different phone number (716) 748-6185. A guy calling himself Justin Ryan contacted me today saying there was a court date on Wed. 10/29 in Dutchess Co., NY about a "pending fraud charge". I knew this was some type of scam because I have been living in SC for over 20 yrs. but my cell phone still has a Dutchess Co. number for personal reasons so I did a Google search on this company. I called the NYS AG's office and the woman I spoke with said they are well aware of this company and that I should not send them any money or worry about any threats they make about legal actions.
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Kelly Lucchese
Curious to all this??? I had phone number in my car for alerts n came across all this???
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SD
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4245 Union Rd Cheektowaga, NY 14225 is the NEW location of this office.
I just receive a call from this number and they hung up on me without saying anything. I just googled the # and it comes back for Hastings, Mn. I think it might be run off a swich board. Either way reading the posts it seems to me that they are not legit.
MITCH ROTH has a legal firm and messes up with poor immigrant. He mainly gets busy with H1B visa offered to young prifessionals , sponsored by fake employers sponsors like Holland-Lessard Group (disappeared now),hook the foreign youth to enthusistically move to USA, bring financial possesions along only to be trapped by such mercenaries,threatened with arrest e jail if not comply on doing whatever asked, after which is done. The trap is set up. If the family.gets invilved, eveeybidy get threatened and that's hiw there is no exit. Mich Roth is mercyless. But, behud him there must be political and secret societies huge multilayered entity. This sort of hidden ceime is an undetected cancer that is tearing human lives down. This needs to be talked abot on the midea, in churches and at supper table and names and crimes put together and forced to be held accountable.
Think of it this way!What kind of "power brokwrs" do we hold in every city,community and family? That source can easily become a harasser, have direct control of our frtustration, manipulate that frustration, have perfid fin and cash in! What can we do to protect purselves? Observe what occurs, relate to what and who we dealt with and staet making some connections. Keep our mouth shut and mind sharp. Then hit the nail. Repeat the action, increase the personal observation and make a theory, then prive it to yourself. Smarten up, ocernight so that you can protect your children, elderly, your spouse and yoursrlf! Is that not about the who nation! If not you, then who?
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