I recieved an email from a collection agency stating that my offer to pay them 200 dollars a month is not acceptable and that all I can do is be put on a short term payment plan for up to 3 months at which time the account would be due in full again. They also say that I need to fill out a Financial Capacity form to prove that I am not able to pay the debt in full at this time. What should I do from here? \nThank you
215269
Whoa.  Here's my 2 cents.  The difference between a paid collection and unpaid is the diff. between being hit by a car or truck.  Not much, cuz they both hurt like hell. The damage is done, so why pay?  If a letter was all that was required to remove derogs from your credit, wouldn't everyone be able to get one?  Fact is fact, so I've been reading all this about getting letters and removing and blah blah blah.  There's one simple way to remove derogs.  If you're conscience drives you to pay, that's something you've got to deal with.  As for forms, DO NOT GIVE THEM ANY INFORMATION OR SIGN ANYTHING!!!!!!!!
411973
First read ugottafriend4life's answer again and follow it.  You may be able to add it to your BK.\n\nNext...VERY IMPORTANT!  Is this the first collection letter you got?  It should have a statement telling you that you have 30 days to dispute the debt.  \n\nSend them a dispute letter and demand validation.  That will buy you some time to look into the BK filing.  It also places a "stay" on the collector preventing him from placing anything on your credit report.  By law, he can not proceed with collection activities until he validates this debt.\n\nDuring this time you can negotiate with either the doctor's office (preferred) or the collector.  But demand IN WRITING that in exchange for payment they must not place anything on your credit report.  Does it make any sense to you to pay the bill and still have your credit messed up by these jerks?  If they sue you, the judgement stays on your credit report for 10 years, same as the BK report.  So they really can't do much harm to you.  But if they want your money then make them give you something in return!
366229
you are right on track.this one is a slam dunk.though you are doing every thing right you need to contact your attorney generals office because she is adopting unfair and illegal business practices.this PERSON IS HAVING SERIOUS FINANCIAL PROBLEMS AND IS TRYING TO TAKE IT OUT ON YOU,You sound like you have enough fight in you.go get her.If I were you I would start by sending her a certified letter indicating intent to file charges against her for double dipping,and to file a $5000 dollar small claim against her for attempt to defraud.if she goes ahead with her claim to send your "bill"to a collections agency she is only giving you additional ammunition for your claims.If this thing appears on your credit you can get it removed by showing that this is an attempt to at distortion.It will also give you the additional info.you need for a successful claim.
261542
You need to take the time to read the Fair Credit Reporting Acts and the Fair Debt Collections Act.  The reason you are having a hard time with these boneheads is because you don't know the law, and they are running all over you!\n\nI've posted the relevent parts below that will help you out.\n\nFirst, when you contact the collection agent, you must do so IN WRITING to prove you sent them a letter.  Be sure to state you want to have your debt VALIDATED!  This is very important.  Once they receive this letter, they must reply within 30 days.  Their reply must have PROOF that you have a legal obligation to pay this debt.  That means contracts, bills, receipts, and everything used to calculate what they claim you owe.  Also be sure to include a cease and desist warning, with warning about posting anything to your credit report while this matter is in dispute.  Once that is done, they can't do anything until the debt is validated.\n\nIf the fail to supply this information, and post negative information on your credit report, they will be in violation of the Fair Credit Reporting Act.  Whether the debt is legal or not, posting unvalidated reports is against the law and you can sue them in small claims court for $1000 very easily.\n\nIf they validate this debt, and it does appear you owe them, then pay the bill.  By law, the Collection Agency can not post anything to your report within 180 days of the date of delinquency.  (that's six months to you collection agents reading...).  \n\nI would also follow through with a negotiation demand that if you pay the bill, they will agree IN WRITING not to place negative information on your credit report, or remove anything that they did place.  Do not actually make a pledge to pay, or you may be restarting the clock on the Statute of Limitations.  Do not acknowledge that you owe the debt.\n\nContact me if you need any advice or encouragement.  I am not a lawyer or credit counsoler, just someone who likes to get under credit collectors skins.
79785
Relax, I can fix your problem real quick with just a phone call and a letter.\n\nCall up the cell phone provider and let them know your account was sent in error to a collection agency, and inform them to call off the dogs.  \n\nThen send a cease and desist letter to the collection agency.  The link below has a sample letter, just change it around to fit your purpose.  \n\nBe sure to include a statement telling them not to call or write to you again.  \n\nBe sure to check your credit report at www.annualcreditreport.com to make sure that the collection agency didn't put any negative comments on it.  If so, I've enclosed some additional links that will help you out.\n\nMail the letter Certified USPS so you can prove and track it.  Keep logs of all letters and phone calls that you make in case you need to follow up with legal action.\n\nI'm 99% certain that by following the above advice you will not hear from them again.  Unfortunately, many collection agents are so narrow minded (all the see is green) that you may need to stop them in court.  \n\nIt's very important to note:  Unless the debt is large (at least $1000) many collection agencies won't even try to sue you to recover the debt.  They are content to going after your credit history and messing up your life.  \n\nYou are fighting a war!  Do not fight these guys unarmed.  Knowledge of the law is your only weapon!  Get armed!  Read the links below.
162682
If you paid part of the bill then you should be fine. You need to call the office & let them know when you can have the rest of the payment & go from there. Just hope you're not in a cold climate.
332450
Okay - I can't really help you collect on this debt other than to document EVERYTHING - copies of all letters, dates of calls, names of who you spoke to, etc.  However, in the future, if all possible, get at least half up-front BEFORE giving your service.  Be sure all your invoices go out with "terms" clearly marked.  Perhaps offer a discount for paying within 10 days - common terms are 10%Net30 and large companies tend to take advantage of that - and you therefore get paid quicker, keeping your cash flow running smoother.  Good Luck collecting on the deadbeats!  Don't let them get away with it if you can help it.  If worse comes to worse, your accountant will be able to write it off at the end of the year.
142955
I work for a collection agency.  If they call you, tell them you want to pispute the charges.  They will give you an address.  You have 14days from the day they tell you this to write the letter and for them to recieve it.  They will evaluate the vilidity of your claim.  However, if you claim fraud and you are lying and all the calls made were made by you, you will go to prison for fraud.\nThey can give you a settlement...anywhere from 80% of the original bill to 50% of the original bill, depending on what company you are with.  And they might take payments.  Most do.\nGood luck to you.\nRemember, this will affect your credit and collectors report every 30days to the creit bureaus.
397429
CarCraze --- you are wrong, sorry to say\n\nWhat you have there, my dear, is a bona fide Court Order for you to appear in court to answer to a Motion to Collect a Debt. If it is on Court paper and has a case number, call the Court to confirm the Docket Number, and find out when the hearing date is.\n\n\nYES, they do have that power.\n\nYES, That is the equivalent of a Subpoena.\n\nIf you "just let it ride", as you say, don't be surprised when you open up your paycheck and you find a good chunk of it GONE !\n\nWhat you should do:\n\nSeek legal counsel (get a lawyer) and come up with a manageable payment plan that is both satisfactory to your creditor, and workable for you.\n\nDON'T HESITATE - you will regret it.
254692
Contact the trustee and find out if they will allow you to pay off your "plan" early.  \n\nYou don't want your BK dismissed, that will allow all of your creditors (including unsecured ones) to come after you.
44562
Amazing!  7 straight incorrect answers!  You all should give back your answer points!!!!!\n\nThere is a Statute of Limitations on Debts.  The link below gives you the SOL for each state.  None are longer then 10 years.\n\nThe date starts from the time you defaulted on the loan.\n\nSo take a deep breath and relax!  Not only can they NOT sue you for the money, they can NOT place anything on your credit record.  Debts can only be placed on your record for 7 years.\n\nThe link below has a sample letter that you can use to write to the collection agency. It's called a Cease and Desist letter.  By law, the collection agency can no longer contact you.\n\nVery important!  Include in your letter that:\n\n1. The statute of limitations on this debt has expired.\n\n2. Demand that if they still insist the debt is legit, that they VALIDATE the debt.  \n\nValidate is not the same as "Verify". It means that they must supply you with all proof that the debt is legit.  That includes copies of bills, contracts, receipt, and statements to trace every dollar you owe.  \n\nVerify a dept simply means they will contact the original debtor and ask if it's legit. If they say it is, then it's now a "Verified" debt and they will continue to hound you.\n\nNeed more help contact me.  \nDon't worry, I'm 100% certain we can get these guys off your back.
388684
I work in the credit industry and there are several ways you can go about tackling this.  First off, take comfort in the knowledge that $6k is not a lot to owe, but if you don't pay it the right way, it will become a long term problem.\n\nStep one: contact your credit card companies and request that they lower your interest rate.  if you have been a good consumer they will most likely lower the rate... if you have not been paying on time and look like a risk, they will put up a fight... no matter what, do not give up on the idea that you can lower your interest rate...\n\nIf you have been on time tell them that you are considering obtaining a different card, and unless they can lower the rate you are simply going to transfer your balance to a new card and cancel the account.\n\nIf you have been bad at staying on time with your payments - then its time to get current and stay current.  After 6 months of being timely with your payments they will lower your APR.\n\n\nnext step is to develop a repayment plan... if you can out $200 per month toward the debt you should be done in under 3 yrs.  I would suggest that you set yourself up to pay your bills on line using an auto bill pay system, most banks offer this service free of charge and it is a quick way to have your payments go out.  Its also easy to track and manage.     Set yourself up to pay every 2 weeks.  ($6k means your monthly minimum is probably $120 - $135) try an set it so that you make this payment every time you get paid... the more money you can spare towards the debt the faster it will be paid off.\n\n\nIn the meantime you will also want to set up a household budget to see how much money is coming in and out of every dollar, how many pennies are being committed to bills.  Once you know what you have to work with it will be easier to plan out the upcoming months.\n\nIf you have a lot of extra cash that you can put toward the debt, make sure that you also set aside a reasonable amount into your savings account (if you have $150 that you can send to your card - send $130 and put $20 into savings) \n\nThe reason that you want to put money in savings is that you will begin to build up solvency - meaning that you won't have to rely on credit should some unexpected expense come up... (new tires, emergency repairs, etc)\n\nFinally, once you have paid off the debts, DO NOT STOP PAYING- only change where you are sending the money... what I mean is, put that $150 into your savings account so that you can start building up a bit of a nest egg.  Having accessable cash help to further stabilize your finances.  Everyone should have at least 6 months worth of living expenses available to them in their savings account.\n\nThis is an emergency fund that will prevent you from going back into debt should you lose your job, have to move or encounter a large expense down the road (want to buy a home, etc) \n\nThere are several professional services that can help such as Debt Management and Settlement Companies, but if you are responsible and can handle taking 3 hours a month to look over your situation you don't really need them.  Always be proactive with your debts, always look for ways to save.  With a little patience, self-control and determination you will be out of debt in no time.\n\nBest of luck to you.
577529
I worked for Chase Bank for several years in the "collections department".  You do not have to pay the loan.  If payment goes past due 60 days to 90 day's they will start foreclosure on the loan.  But if you have to move, you are better off to have the funds in your hands.  Next time they call you can tell them not to call you again.  By law they have to honor that request.\n\nGood Luck with your other problems.  I am not able to give you any help on that.\n\nPj
83721
As long as you can provide evidence that you informed him of your requirement that estimates be prepared and provided first (and your emails should do that), you should be just fine.  He isn't going to sue you over $200, but if he threatens to affect your credit (or an affiliated collection agency does), you counter-threaten to report the matter to the state attorney general and to the Secretary of State in your state.  Put your threat in writing and be prepared to do so if he will not yield.  Also mention the Better Business Bureau and the news team of a local television station that investigates consumer fraud (like "7 On Your Side," etc.)  Good luck to you.
43525
First, I don't know what state your in but most credit card debt falls under open accounts and their SOL (statue of limitations) is 3-5 years. You need to check the sol in your state.\nSecond, considering the age of the account more than likely this is a junk debt buyer. You need to send them another DV (debt validation letter)along with a limited C&D (cease & desist (letter telling them to only contact you in writing)) by CMRRR (certified mail return receipt requested) so you have proof you have asked for validation.\nThird, if the collector is reinserting the debt on your credit report without notifying you within 5 days they are violating FCRA.\nI would would not advise calling anyone. It would be best to stay off the phone and make all contact via snail mail using CMRRR.\nIt is unlikely with the age of this account that they will sue. However, if they do, you may be able to use SOL as a defense. Under the FDCPA they cannot state actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action. Since odds are the debt is so old it they may not be able to sue therefore in violation. Please check out the links below for further information and good luck
86427
I usually pity people that find work with collection agencies.  I had a boob from a collection agency telling  me that she was a lawyer, she was lying.  \n\nTry and pay the company that you got into debt with something...$5 a month say?  Do not pay the collection agency anything.  Nothing.
246781
You need to pay it and it will show a PAID collection on yout bureaus. Theres no way around it.  Have you disputed it with the bureau?  If they cannot validate it within 30 days they have to remove it per the FCRA.  You could try that route.