I totally agree that most people are honest and pay their bills. All it takes is a job loss or a major health crisis to throw your carefully followed budget in the trash. My daughter is a case in point. My daughter used her savings to get me to a specialist, who properly diagnosed me and (probably) saved my life. Before she could replenish her emergency/rainy day fund a series of bad luck events hit her: Her car died early one morning and she was unable to get to job, which was located far from any public bus lines. She called her job where she had a perfect attendance record to insure that she wouldn't be declared "no call/no show" which could get anyone fired. The HR guy just laughed and said that applicants were a dime a dozen, so if she didn't come to work for 3 days he would terminate her. It was winter and a huge snowfall made walking to work many miles outside of town impossible. The car dealership where her car was located wouldn't work on her car without cash upfront, which she didn't have until her payday almost two weeks later. Too late to save her job.
She got up in the early morning (still dark) and attempted to walk many miles to work. There were roads with no sidewalks and cars that deliberately swerved toward her as she walked. She couldn't make any progress because of the piles of snow in parking lots, etc. She called me in tears because she had been walking for two hours and still hadn't made it even half way to her job. I lived an hour away and had no car. Long story short... she lost her job.
The third day after her car died the dealership announced that their policy required charging a $25 per day storage fee on top of any repair costs. Since she took good care of her car and maintained it according to it's manual's recommendations, we suspected that it just needed a battery. She was forced to sign over her well-maintained car to the dealership because they would not negotiate on the fee. They were in shock because threatening storage fees ALWAYS worked before.
Just before she lost her car, she experienced a massive health problem that nearly killed her. More expenses because surgery was required. She lost her security deposit and practically all of her possessions. We found someone to bring her and what could fit in a car to stay with me. She came home from the hospital (in my town) with an 11 inch surgical scar, staples and a drain. Couldn't work until it healed.
She only owed one bill (a small loan) prior to the loss of the car, on which she had been making regular on time payments. She kept that creditor informed of her whereabouts and her circumstances. They started hounding and threatening her as soon as her next payment was due. She patiently explained that she would resume paying as soon as she was well enough to get a job. That wasn't good enough. She would be shaking after each call. She cried about being viewed as a deadbeat. Her credit history was perfect. I listened to all the calls and even answered a few. One guy threatened to ruin her credit. He was furious because she hadn't responded to his email. I told him she didn't have a computer. He called me a liar.
They tried different tricks that we didn't know were illegal. She kept saying she would pay as soon as she found work, but her doctor wouldn't release her because she was healing so slowly. Because of the debt collector tactics she couldn't eat or sleep. The debt collectors sued her for the full amount. We were forced to find a ride to her former city. The judge was puzzled about why my daughter was being sued. My daughter always agreed she owed the small debt and she showed her barely nearly healed huge scar to the judge. The debt collectors had declared that my daughter had lied about her health issue. The judge added court costs to the debt.
I am so sorry for the many typos and missing words. Just remembering how my daughter was treated made me cry. Being upset is my explanation. I was afraid there was a time limit and my post would be unacceptable. My daughter lost everything because she used her savings to get me medical care for a condition that my PCP thought didn't exist. Two specialists (in two different fields) confirmed two medical conditions that my PCP thought was "all in my head". Each specialist told me that I would have been diagnosed years before, if only my PCP had sent me to even one specialist.
Having my daughter treated so badly by the debt collectors just added to our stress.
} They tried different tricks that we didn't know were illegal.
Right there is the gap in comprehension which keeps bullying, lawbreaking debt collectors employed, even while their victims sense unjust punishment for a problem which is not a crime and should not trigger shame.
I imagine the long version of your story is loaded with collector abuse events. There may be FDCPA violations against third parties, including the debt lawyers, or state law violations from the lenders. (I'd also assess a wrongful job termination action.) Your daughter's position depends greatly on where the bluffing and bullying came from and what was done in response. At the heart is a necessary shift in perception. Your daughter might owe a debt but does not owe anyone her dignity. When collectors are determined to treat you like some unabashed criminal, like the people they see in their bathroom mirrors, you must stop fretting about how to pay and begin resisting their callous games.
} My daughter always agreed she owed the small debt .... The judge added court costs to the debt.
You don't maybe see these two events as related? When you're sued for debt and admit you owe, the opposing lawyer's job is made very easy. I've sat in the pews during many civil court sessions and heard other tragic cases, of people who are waylaid by drama they never created, of people who are a step away from being declared too disabled to work. The judge may give sympathetic looks to a defendant who cannot possibly keep from drowning in debt, but has no choice in ruling for the bank when the paperwork says the defendant broke a contract and *NO ONE CHALLENGES THIS*.
Inability to keep a job, and therefore inability to pay debt, is a circumstance and *not a defense* to a debt claim. That circumstance may factor into a payment plan or a stipulated agreement to delay or suspend seizure of assets, but again will not make the debt disappear. The moment creditor lawyers smell money in a person's pocket, you see judgment debtors being hauled into court maybe fifteen years after they were sued for a car note or a student loan or junk debt. Pleading mercy only works in corny B-movies. Pleading that the bank or its henchmen denied your rights is how to regain leverage.
"My daughter always agreed she owed the small debt and she showed her barely nearly healed huge scar to the judge. The debt collectors had declared that my daughter had lied about her health issue. The judge added court costs to the debt."
This...just makes my blood boil. Another prime example of no good deed going unpunished in this country.
Did we hurt your widder feewings. LMAO. Whatever. You are an inarticulate collection agent. Just sayin'. Oh and in the famous lyrics of my man, MC Hammer, "Can't Touch This"! It's Hammer Time you minimum wage boob!
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Ranger0725
| 1 reply
This message is for Hey It's Me.
You need to do background checks on people you call. You just stepped on the toes of the US Government. Let's have a person to person telephone call instead of you leaving me a voice message.
Speaking as someone who just hit the half-century mark, I will kindly tell our friends "HEY IT'S ME" and "taking your money" that this is one 50 year-old who ain't gonna fall for your schtick. I won't fall for it now, nor will I fall for it when I'm 55, 60, 65, 70, and so on. You and your cronies can keep trying to pimp me for paid-up debts until I'm six feet under, and you won't get one thin dime! Thanks to this website and so many others, I've learned more about your dark world than I ever wanted to, and I'm on a mission to warn as many others as I can about your dirty little tricks. So just keep wasting your time scumbags. I love keeping you on the line as long as possible so you have less time to scam others, I love making you think you're going to get what you want just so I can pull the rug out from under you at the last second, and I love filling out those AG complaint forms! Hey, everyone needs a hobby, right?
Thankfully my mother who is now over 70 doesn't entertain these telemaggoters and I hope it will stay that way.
+2
Keith Henderson
A DC called.... I said ok. It's best to meet in person and talk about realistic plans to work it out. Its gonna be mutually gratifying for both so why not! We MUST meet in person instead of lurking in dark places like this. I deserve a 20 mins face to face dontya think? I've been thru a lot. DC agreed. I played dumb and got a lot of information on how they operate. I have our entire meeting on (hidden camera) tape which I'll post on youtube. Finally, I told DC I was not the Mr. Henderson he was hunting for. We've different middle names. DC's expression----priceless.
+1
Keith Henderson
Well DC shills you know who I am now. Feel free to comment on what I said. Can't wait to hear.....
How much is the debt including the court costs? How old is your daughter? If its a large amount that she cannot pay anytime soon it may be worth it to file bankruptcy and get the debt collectors off her back. Legal aides in court can help file it. If she is young enough she will build it back in 7 years. The debt collectors can do nothing. If she had a job she must be getting unemployment or welfare at least . There is also Medicaid. If she is physically hampered by the surgery, consider filing for disability. Have you contacted the local news media with your story? It sounds very authentic and you might get someone to be interested.... that could lead to fund raising by your community to get her a new car. If you want to sue someone select the one who has the most to lose. Debt collectors have nothing to lose. Try suing the PCP, if he/she mis-diagnosed you. They will settle quickly since they have a practice going and being "misdiagnosed" plays into every patient's worst nightmare. Hope this helped.
You've given some good advice! I live in an apartment hi-rise with secure access. I only let people in that I know and will NEVER acknowledge a knock at my door unless it's to let someone in who I know and just 'buzzed' through the locked lobby doors. No one should EVER open their door unless they're 100% sure about who is on the other side. I also NEVER answer my phone if the number is unknown to me. I let 'voicemail' decide who gets to talk to me. If a caller won't leave a message with their name, number, and the nature of their call, they're likely up to no good. Remember, it's YOUR phone and there's no law that says you have to answer it. Don't give in to 'curiosity'. It might just ruin your day.
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