Bill collectors and how to deal with them? John T?

JOCCO

Well-known Member
Have some friends that are going to be dealing with them soon. If you cannot pay you cannot pay. What rights do they have? What can they do etc? I know they call all the time send letters etc. Some of this is farm-tractor related and some is from bad economy.
 
Well, you can wire the whole farm with 220 volt electric fence, including the gates--but, if ya forgot when coming home late, with a load on, ya might electrocute yerself, instead of the bill collectors!
Safest and best way--meet with them, explain your problems, and try to work out some kind of re-payment schedule with them! Find an attorney who will try to make arrangements for monthly repayments. And, refrain from buying any more stuff, until you get out of the "fix" yer in!
 
Do a web search for the fair collection act and it will tell you a lot more about what can and can not be done to collect from a person and what is a no no by the company's that call and some will call when it is not legal to do so and then you/they may have legal rights that can make the bill go away
 
This may sound rude, but I know a person in the same situation, they have been for the last 20 years, in debt $350,000,,,, and is 76 years old!! Now have a reverse mortage, and things arent any better. Plane and simple, IF YOU CANT AFFORD IT, DONT BARROW FOR IT. Why do you think this economy is so messed up? People barrowing $400,000 for a house, loose there job, and dont make there payments! Then the market falls and the house is worth the $200,000, it should have been worth when they bought it. Many people owe more on there homes than what there worth? Like I always say "its so easy to sign your name" But paying for it is a whole different horse race. So if your friend needs to know how to DEAL WITH THEM, than PAY THEM.
 
I agree with you in most cases. Granted sometimes people just get stuck in a rut that could not be planned for. For them, I feel bad.
But, for many and maybe most I've seen, they spend and spend and spend. Fly all over the place, buy new cars, trucks, vacations, snowmobiles, ATVs, eat out, etc. Take on huge mortgages, etc. Then they lose their job, get a pay cut, or whatever - and feel it's not fair and want to be cut free.

Now matter how you look at it, if you agree to buy something via some sort of credit, and then try to get out of it, you are stealing. There is no other word for it, unless those you promised to pay agree to let you off, on their own accord and are not forced into it.

My own brother has done it twice via bankruptcy. He makes 6 figures a year, has a PHd from MIT. etc. Each time he got out of paying his bills, he was allowed to keep all his "retirement" savings.

I do believe that some people who fell though an unforseen crack should be helped in some way. Not the rest.
 
After you get all the holier than thou crap, they can only call during certain times of the day. All his relatives that he's given as a second phone number will probably be called. Usually if you tell them that person doesn't live here anymore they'll quit calling after a while. If he doesn't have money he doesn't have money so there is no reason to put up with the crap. Some of the bills will disappear naturally because time limits run out, and as long as he doesn't acknowledge them or send them a dollar the time runs out but if you sends them a dollar the clock resets.
 
jocco, Get a copy of Dave Ramseys Book..."The Total Money Makeover" Also watch his TV Show on Fox, and listen to his Radio show too., Lots of good advice....Then get his second book it get more into specifics.
First things first,...Pay: Food, Shelter, Elec/heat, Auto pmt. Do not let the Bill Collectors Bully you into paying something that will put a death nail in your fianceses, Start with your least bill and get it paid then double up on the next lowest, so on, so on, you go as you pay your way out of your whole. You Must Live to Fight Another Day to pay another bill so don't let your self get bullied. Hope this helps!!!!
Later,
John A.
 
I feel real sorry for those people who are unable to repay a loan. I feel even sorrier if its me that made the loan and didn"t cheat or mislead in making the loan.

Bob
Central Arizona
 
To sum it up, the best thing I can come up with is that we had a false economy. We did not have the value nor the true buyers that the markets indicated. Much of it was made up or a stretch.
But think about it, the car business has and still thrives on that same principle. The more they can get you to think in terms of "monthly payment", the better they do.
It is not really good for the consumer but since when did a car dealer sincerely give a crap about their customers?
If they told the real numbers, many customers would not buy the vehicle because it would not make financial sense. BUT, when they can reduce it to a measly "$265.00 a month", who can"t "afford" that?
What a person in that highly emotional transaction does not stop do is multiply the monthly payment by the total number of months, add the down payment, and look at what a loss they are taking with their trade in.
On top of that, dealers make additional profit if they finance it for you.
I am all in favor of every business making a profit, but not the short term profits that benifit a few and destroy the rest of the country.
 
(quoted from post at 00:40:08 12/08/09) To sum it up, the best thing I can come up with is that we had a false economy. We did not have the value nor the true buyers that the markets indicated. Much of it was made up or a stretch.
But think about it, the car business has and still thrives on that same principle. The more they can get you to think in terms of "monthly payment", the better they do.
It is not really good for the consumer but since when did a car dealer sincerely give a crap about their customers?
If they told the real numbers, many customers would not buy the vehicle because it would not make financial sense. BUT, when they can reduce it to a measly "$265.00 a month", who can"t "afford" that?
What a person in that highly emotional transaction does not stop do is multiply the monthly payment by the total number of months, add the down payment, and look at what a loss they are taking with their trade in.
On top of that, dealers make additional profit if they finance it for you.
I am all in favor of every business making a profit, but not the short term profits that benifit a few and destroy the rest of the country.

The REAL bottom line is that for every one that skate/slides thru without paying his debt, that he created for himself, then all the rest of us who did right (waited until we saved the money, did without until we had the money, didn't borrow more than we could for sure pay back), we all are the one's paying off what Mr. Irresponsible didn't pay! It isn't the 'big bad bank, corporation, car dealer, etc. that eats the missing payments....it is you & me........all of the responsible people.

Sure I wish I could have had a big house, nice new cars, trucks, etc. when I was young & would have enjoyed it and had better & more room for the family, but life doesn't work that way. Now I'm old, no big space needed, no kids to house, no parties to show off, but a few years ago the wife & I payed cash for this huge critter that we don't need.......just because she wanted it and we earned it. Don't own anybody anything. Always lived on well less than we made. When recessions came, we had the cushion to get through without asking all you fine folks to pay our way, because we failed to plan, think, not live beyond our means.
No reason for you to do without just because some other slacker didn't do right.
 
Yes.. I agree.. Several folks owe me decent amounts of $$. If I take them to court and win, all I will get is a judgement, that will never get paid, so I am out court costs and my time. One that owes me lives a lot better than I do, takes lots of vacations, takes family to eat out all the time. Not to cast stones, but a lot of people borrow $$ with no intent of ever paying it back..
 
google "Fair Debt Collection Practices".

i think there's verbiage in there that says they can't call you if you ask them not to, etc.
 
You're half right.

When the car gets repossessed, the bank takes the loss. The dealer should be smart enough not to "recourse" a car loan, and put himself on the hook when the customer defaults. In fact, when the car gets repo'ed, the bank usually wholesales it through the local dealer auction...where the dealer snaps it up for considerably less than what's owed, and gets to make another profit off the same car. The bank, in turn, sues the customer who'sin default for the difference between what was owed on the loan and what the car brought at auction...plus "expenses," of course. So the customer still has to pay the bank what's left of the loan minus the wholesale price, pluss "expenses".

The dealer takes NONE of the risk. He made his percentage when he got the bank to buy the "paper" on the car initially, and then he buys the car back at wholesale, and gets to sell the "Paper" on the next buyer as well. The dealer NEVER takes the fall, unless he also does on-the-lot financing...in which case the downpayment usually pays for what he has in the car, and the rest of the payments are profit.

That's why bank fees are so high...because they take the risk, and the customers who DIDN'T default get to pay for the ones who did.

But the car dealer doesn't take any "lumps" for a default, unless he's a total idiot.
 
It wasn't just the $400K people not being able to pay, it was more the under $100K people that had no business owning. Some folks don't have the discipline to pay a mortgage. Then there was Barney and Chris that helped make it possible for people who couldn't pay a mortgage get one only to default. The rest is history as they say...
 
"...That's why bank fees are so high...because they take the risk, and the customers who DIDN'T default get to pay for the ones who did."


You got me?

Which "half" did I miss?
 
Davis, in Iowa after you get a judgment and it goes unpaid, you go back to court and tell the judge. The guy that owes you isn't notified of the second court date. What you do is ask for an "execution of a judgment". The judge will command the sheriff to go to the guy's bank and seize the money if he has it. If not, personal property of fair market value in the amount owed can be seized to satisfy the debt. If you wait too long, you could loose your right to collect. You might ask an attorney what the law is in your state.
 
I believe that getting them to accept a small payment can stave off the collectors for a while. As long as you are making an attempt to pay I think that the law is on your side. Henry
 
I never have had a collector to call me because i never have any unpaid bills. Dad told me years ago if you can t pay cash for it then you probably don t need it. R.E.Lee 62 years old
 
Jocco, I hope that they have been in contact with the creditors. When I have had people late in paying I have usually wondered why don't they call? That puts them on far better footing than those who don't. A call and dialogue about conditions, situations and above all a PLAN goes along way towards preventing action. I believe that many creditors hate being FORCED by debtors to take action against them.
 
Depends on where you are. In Michigan, the repos started in 2005, we were in a "one state recession" before anybody else. We started losing jobs in 2000. That being said, I know of a couple of people who have walked away from mortgages, simply because they could. I think most mean well, but are kinda dumb about money.
 
Bingo!

If one does not borrow money and/or engage in foolish behavior that results in (a) damage award(s) it is highly unlikely that he/she will have any issues with debt collectors.

Dean
 
Can't really offer any advice other than what has already offered. However, there is a difference between a deadbeat and somebody caught in misfortune. Most people fall behind because something unforseen such as medical happens. Most people could not possibly put enough away in the cookie jar if something like that happened.
I think most farmers prepare themselves to work through rough patches before they happen. However, the price shocks we have seen with both inputs and commodities leave farmers with little room for error.
I think people can be quick to judge without knowing all the facts first. Personally, I think from the people I know personally that the most judgmental when it comes to money are the people who have been set up well by dad and grandpa (and have to take no risk in life to live reasonably well).
 

Hey NY986,

You're right that some people are hit hard by unforeseen circumstances like no medical coverage or being dropped by medical coverage after getting sick or being in accident (which is why I'm for universal single payer health care). You're wrong that most people get in trouble by accident. My wife works at a bank in loans and she sees the biggest crowd of sad sacks and whiners you ever met. MOST of them got into a tight spot through divorce, spending too much money, or making a bad business decision. Every one of them has a "it's not my fault" mentality, much like a prisoner who says his lawyer screwed him.

You might be right that the most judgmental are ones set up for life by mommy and daddy, but then there's up-by-thier-bootstraps guys like me who was thrown out of the house at 19 and made it through the grace of God and a Good Woman. The only thing my dad gave my was my grandpa's pickup truck when grandpa passed away and dad bought the farm. He only gave that to me when I had proven that I didn't need anything from him. I pay all my bills off every month.

to the OP -
Tell them to take responsibility for their lives and set up making payments. When people get out of bills through tricks, everyone else pays for them through higher costs.
 
Same here. I think health care ought to be a right of citizenship. I left home @ 18, have done ok, have a good marriage, a great wife. I think that is critical. A lot of people look at bankruptcy as a "tool". Look at Donald nnalert. He has used bankruptcy to stiff creditors several times. He is held up as a "entreprenuer" ( even tho his dad was the biggest developer in NYC ) and is a TV "star".
 
Jocco, this is NOT so much a question of law as it is a strategy question.

1) You ask "what are their rights" thats pretty much covered in the FDCPA Fair Debt Collection Practices Act

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

HOWEVER that DOES NOT discharge the debt, its more to protect them from being hassled and limits what debt collectors can and can NOT do.

2) You ask "what can they do" well the debt collectors know they cant get blood from a turnip so they (debtor) have to do their homework and lay out a budget of what they can truly afford to pay, THEN CONTACT EACH CREDITOR and lay it on the line, this is what I can do and be aggressive and assertive and NEGOTIATE.......

DO NOT just let it go, the law favors the creditor so long as the FDCPA is complied with. The spector of BANKRUPTCY instills fear in creditors because if the debtor takes that route and is successful then EACH creditor ONLY gets what the court might order which may be .50 on the dollar or even less. If the debtor is good at communicating with and negotiating with the creditors to the point they realize they may get less (and be afraid of) via bankruptcy they are more willing to negotiate.

I would worry more about and pay any secured obligations over those non secured

Hey I cant answer here what it really takes libraries to fill and also BEWARE of these TV ads where firms act like if you contact them they can solve all yoru credit problems, many are rip offs.

John T BSEE,JD Attorney at Law
FDCPA
 
as John A. said below, FIRST give them a copy of Dave Ramsey's book and help them follow it AND pay their debt down. That's probably the best gift/help you'll ever give them.... but in the mean time......

as others have said have them do a little homework on "fair debt collection act". Most collection agencies (CA's) are scum (I'm not talking about creditors that do their own collections). There are legal things that the collectors must do (prove the debt for example with the 1st contact which most of them do NOT) AND unless its in your contract with the original creditor the collection agency can NOT collect ANY fees or interest OVER the amount you originally from you. (again do your homework). If the CA does something illegal it might ?? change their rights...I don't think it will negate your obligation but it might?? give some room to breath/negotiate ect. AND call your state's attorney general. In Indiana they must be licensed to collect here (even if they are from out of state) and they won't want to loose their license (and many of them do loose them). If they are not licensed they can not even contact you for ANY reason (Indiana).

I'm NOT suggesting you use legal means to get out of the debt but they must follow the rules too. Its tough enough without being harassed.

We had one call because I forgot to pay a hospital on the payment plan 1 month (dumb #@$(* at the hospital, 1 month??! they've lost more business $$ because of that). I ended up paying the hospital and never heard from anyone again. Nothing on the credit report either. DOn't know if that always works or not. (do your homework).

BEST Thing is to call your creditors before trouble hits. Usually once it hits the CA the debtor has sold the account for pennies on the $ but this isn't always the case. They legally have to tell you if it was sold or if the CA is working on commission or fee on the $ actually recovered. you can find that out from the creditor as well. (DO your homework) if on commision you may still have some room to work with the creditor. ???? i'm not a lawyer or have the best finances but Dave Ramsey's book helps. ... do your homework... good luck!
 
Wife and I have had to deal with bill collectors on and off for about the past two years.

Problem is, it's not us they're after. They're trying to track down the wife's dad and stepmom, with whom we've had absolutely no contact in at least 15 years. Several different companies have called; one person claimed that dear old mom and dad gave our address and telephone number as their own (neither has ever set foot in our current home).

What we started doing was taking down names and telephone numbers from the callers. We then explained the situation; that they don't live here, have never lived here, and we don't and haven't had contact with them for some time. We end it by saying that if they continue to call, we'll be filing complaints with both the local police and state attorney general's office. We stay calm and polite throughout the conversation.

Seems to work to a point; one company will quit calling us. Unfortunately, the account is then passed on to a different company, and it starts all over again.
 
farmerboy, you say this, which I respect, "but then there's up-by-thier-bootstraps guys like me........... I pay all my bills off every month.
Tell them to take responsibility for their lives and set up making payments. When people get out of bills through tricks, everyone else pays for them through higher costs."
BUT, you also advocate 'single payer universal medical',,,,,,,,very inconsistent........single payer universal medical is outright asking/mandating that all the rest of the responsible hard working people step up and pay someone else's bills. Plain & simple.
 
I never said that the deadbeats be allowed to slide and remove all consequences for those undertaking debt irresponsibly. I myself undertook debt when it was prudent to do so and when I could not make the payment, I arranged to liquidate necessary assets to fulfill my obligation. I never felt the system owed me anything or tried to scam my way out.
I'm sure with the sense of entitlement many people have today your wife's bank does see people who do not want to take responsibility for their lives.
My feeling is that each case needs to looked at based on its own circumstances. This is too important a topic to look at via generalization.
 

Hey JMOR,

No inconsistancy. When I say "universal", that means, you, me, and everyone else. The poor and the undocumented workers are already getting the minimal health care they receive payed for by you and me anyway, so they get it as well. At this point, there's no good way to weed out the useless people, tell me your idea. What I want is to take the huge profits the insurance companies are making for doing nothing and using it for actual health care. The people who lose their jobs in insurance can be reeducated to become doctors, nurses, teachers, firefighters, policemen, farmers... basically contributing members of society.

The insurance companies are set up like any good corporation - make as much money as possible for the stockholders by giving out as little product (healthcare) as possible while collecting as much money as possible. That's why they have gangs of lawyers coming up with over-complicated plans and finding ANY reason possible to drop unprofitable customers (the people who actually get sick).

I don't like the idea of our government bureaucracy running it, but they can't be any worse than the jerks running the Insurance industry. As you know, citizens get the best government they deserve. Until we all rise up and vote out ALL of the current members of congress, vote in decent people, put term limits on them, and shut out ALL special interests, this is the government we deserve.

I don't really want to hijack this post, so this is all I'll say about health care.
 
Please explain why you think health care ought to be a ""right"" of citizenship. I have paid taxes since the age of 14 -- over 40 years, I don"t think any other tax payer owes me the first aspirin tablet let alone full coverage.
 
When we changed our phone number we had automated bill collector calls right and left.

I learned real quick not to call them back. They were pretty nasty and did everything but call me a liar to my face when I tried to tell them the person they were seeking didn"t live there and never had.
 
I really, really, don't wanna hijack a post...

Tell me why police and fire protection is a right, why are roads a right? Why is public schooling a right? Because when you protect the basic needs of a society all members benefit.

Say a sick individual comes into your community. Say he has no health care so didn't go to the doctor and get medicine for his flu. Say he runs around town and spreads his sickness around at the convenience store, the movie theater, the bowling alley, the bank, etc. Now, he's potentially gotten hundreds of people sick because he can't afford to get doctored.

OR say a parent of three kids gets sick or injured. S/He was a working, contributing member of society, but didn't have health care or was dropped when the trouble started. Now, s/hes crippled for life or dead. We as a society are now paying the bills for the kids.

OR, to bring it back to this conversation. An uninsured, contributing member of society gets sick or injured and cannot pay their bills. The hospital or nursing home takes their home and all their worldly goods and we end up supporting them the rest of their lives. Their kid, who was trying to take over the farm, gets it yanked out from under him to be sold to pay off the debt and a huge, corporate farmer who'll never do as good a job as the kid takes over the ground.

Health care should be the same a schools, police and fire, roads, etc.
 
The part where the car dealer has to pay when the other guy defaults. For the car dealer, it's a win/win situation...he sells the car the first time, and then gets it back to sell again.
 
I guess that logic applies to everything, why have an Army, roads, medicare, VA, etc.
 
I had some bill collectors call me after my wife died. Said that they were going to take me to court over some accounts she had opened two months before she died. Ask them that since my wife was blind. How did she sign the papers for the account. Never heard from them again.
 

we had a friend in the area and he had the same name as another fellow. He started getting calls all the time and one day they called saying they were coming to get his car. He had enough of the harassment and told them to come on and get it, it would be in his garage. The repo man showed up from a local tow company that he had felt overcharged his daughter in the past. He was mad as can be and they started arguing and when my friend opened the garage door and the wrecker driver realizing this was the wrong vehicle shook his hand saying he was sorry, my friend beat the crap out of him. Went to court and my friend said he grabbed me and I had no choice but to protect myself on my own property. He never got another call about a repoed car.
 
(quoted from post at 06:00:36 12/08/09) Can't really offer any advice other than what has already offered. However, there is a difference between a deadbeat and somebody caught in misfortune. Most people fall behind because something unforseen such as medical happens. Most people could not possibly put enough away in the cookie jar if something like that happened.
I think most farmers prepare themselves to work through rough patches before they happen. However, the price shocks we have seen with both inputs and commodities leave farmers with little room for error.
I think people can be quick to judge without knowing all the facts first. Personally, I think from the people I know personally that the most judgmental when it comes to money are the people who have been set up well by dad and grandpa (and have to take no risk in life to live reasonably well).

NY 986, I completely agree with both your comments.
Every individual's misfortunes cannot be painted with the same brush.

There are definitely a lot of deadbeats out there.
But there are also many honest hearted people that were caught up in this economic crunch, thinking they had secure jobs and could easily afford their payments. Others have had catastrophic unforseen medical expenses.

Certainly, everyones situation is NOT the same.

Ronnie
 
No tlak, that logic does not apply to everything -- some things tax payers pay for are actually provided for under the constitution of the United States of America such as national defense and infrastructure. There is a difference and we would all be a heck of a lot better off if our so called representatives in congress took time to read and understand the document they swore to uphold.
 
I agree we should all take care of the debt we have acquired,the ease of credit for people has put society in a sad state, some of our parents and surely our grandparents are rolling over in their graves, and what it is doing to our children and grand children the outcome can only get worse. I guess its up to us older guys to preech to the young on the merits of being carefull with credit, getting back to the question of dealing with debt, be carefull their are a lot of new debt sollution scamers out their, you can do it yourself for unsecured debt, check this site www.zipdebt.com will cost you $ 400.00 for book and cds, you should be able to settle all your debt from 30 to 60% learn from your mistakes, dont make them again, try to help the young, you will be blessed !!!
 
So the term infrastructure was in the constitution?
This definition says for the ability to produce goods. Having a healthy population doesn't produce goods?
This definition also lists schools and hospitals, so medical insurance might not be a part of that?
You, and I.R., and the couch lady that said "you've waken the sleeping giant" need to view the Constitution as it was probably intended since there's amendments to it, that it's a living document.
And don't you want to have insurance?








Infrastructure is the basic physical and organizational structures needed for the operation of a society or enterprise,[1] or the services and facilities necessary for an economy to function.[2] The term typically refers to the technical structures that support a society, such as roads, water supply, sewers, power grids, telecommunications, and so forth. Viewed functionally, infrastructure facilitates the production of goods and services; for example, roads enable the transport of raw materials to a factory, and also for the distribution of finished products to markets. In some contexts, the term may also include basic social services such as schools and hospitals.[3] In military parlance, the term refers to the buildings and permanent installations necessary for the support, redeployment, and operation of military forces.[4]
 

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