|
|
|
I am looking for a little advice on this.
I have some credit card debt that I have been unable to pay due to
poor income. It's not that I am trying to avoid paying, it's because
I simply can not pay. My income dropped, and my living costs
increased. No matter how hard I try, there is no way I can pay this
debt. This may eventually lead to bankruptcy, but I keep trying to
get ahead, get better income, and hope to pay off the debt before this
happens. At this time, it looks very doubtful.
My question is this....
A few years ago, when I could no longer afford to pay these bills, I
contacted the CC company, and told them my problem/situation. Of
course, that was like talking to a wall. They could have cared less
about my problems, and only wanted their money, bla bla bla....
Anyhow, they became pests. They called me at least 3 times a week, if
not more. They sent bills, more bills, thereats, etc. Talking to
them several more times, solved nothing. I finally got so fed up with
their harassment and abuse, that I sent a "Cease and Desist" letter.
I sent it certified mail. I used the legal and approved form, to send
this letter.
What they did, was turn my account over to a collection agency, who
started calling and sending mail even more often, with more threats,
etc. I finally sent yet another "Cease and Desist" letter to this
collection agency, and attached a copy of the one I sent to the
original CC company.
I thought I would finally be free of the harassment, and would be able
to use my phone again, without my answering machine limit being filled
almost every day with their pleas and threats.
WRONG! My account was turned over to yet ANOTHER collection agency.
Once again the harassment continued, and even worse. They literally
called every day, often more than once per day. That's when I decided
to have the phone disconnected, which I did. Then I got a new phone
number, and got it under the name of my "business". I also had this
number "unlisted".
This stopped the calls, but the mail keeps coming. Recently, I have
been taking the mail, and writing "return to sender" on the envelope.
The funny thing is that THEY REFUSE the returned mail, and send it
back to me again, at which time I file it in the circular trash
receptacle.
Anyhow, my reason for posting this is because I am wondering if this
is legal. Since I sent the original debtor a "Cease and Desist"
letter, does this still allow them to turn the account over to a
collection agency, and have that agency continue to harass me? Does
anyone know? What are my rights under the Fair Credit Billing Act?
I have a sick, distant relative who may need to call me for help, and
Before I changed the phone number, this person could not even contact
me because of this harassment and filling my ans machine. This is NOT
what I would call "FAIR" credit billing. Having the phone number
changed was costly too, but I had no choice in the matter, since I no
longer "owned my phone".
One final question. I REFUSE to deal with collection agencies. If I
am ever able to setle this debt, I fully intend to take care of it
ONLY with the original debtor. Is there any reason I should, or
should not, do it in this manner?
Thanks for all advice.
H.J.
|
| |
| |
I am looking for a little advice on this.
I have some credit card debt that I have been unable to pay due to
poor income. It's not that I am trying to avoid paying, it's because
I simply can not pay. My income dropped, and my living costs
increased. No matter how hard I try, there is no way I can pay this
debt. This may eventually lead to bankruptcy, but I keep trying to
get ahead, get better income, and hope to pay off the debt before this
happens. At this time, it looks very doubtful.
My question is this....
A few years ago, when I could no longer afford to pay these bills, I
contacted the CC company, and told them my problem/situation. Of
course, that was like talking to a wall. They could have cared less
about my problems, and only wanted their money, bla bla bla....
Gee they wanted their money?
You were quick to spend their money, and now you are susprised they wanted
it back?
Anyhow, they became pests. They called me at least 3 times a week, if
not more. They sent bills, more bills, thereats, etc. Talking to
them several more times, solved nothing. I finally got so fed up with
their harassment and abuse, that I sent a "Cease and Desist" letter.
I sent it certified mail. I used the legal and approved form, to send
this letter.
So? You owe them money!
What they did, was turn my account over to a collection agency, who
started calling and sending mail even more often, with more threats,
etc. I finally sent yet another "Cease and Desist" letter to this
collection agency, and attached a copy of the one I sent to the
original CC company.
No #@($, a collection agency?
I thought I would finally be free of the harassment, and would be able
to use my phone again, without my answering machine limit being filled
almost every day with their pleas and threats.
WRONG! My account was turned over to yet ANOTHER collection agency.
Once again the harassment continued, and even worse. They literally
called every day, often more than once per day. That's when I decided
to have the phone disconnected, which I did. Then I got a new phone
number, and got it under the name of my "business". I also had this
number "unlisted".
This stopped the calls, but the mail keeps coming. Recently, I have
been taking the mail, and writing "return to sender" on the envelope.
The funny thing is that THEY REFUSE the returned mail, and send it
back to me again, at which time I file it in the circular trash
receptacle.
Anyhow, my reason for posting this is because I am wondering if this
is legal. Since I sent the original debtor a "Cease and Desist"
letter, does this still allow them to turn the account over to a
collection agency, and have that agency continue to harass me? Does
anyone know? What are my rights under the Fair Credit Billing Act?
I have a sick, distant relative who may need to call me for help, and
Before I changed the phone number, this person could not even contact
me because of this harassment and filling my ans machine. This is NOT
what I would call "FAIR" credit billing. Having the phone number
changed was costly too, but I had no choice in the matter, since I no
longer "owned my phone".
One final question. I REFUSE to deal with collection agencies. If I
am ever able to setle this debt, I fully intend to take care of it
ONLY with the original debtor. Is there any reason I should, or
should not, do it in this manner?
You should not do it in their mannor because the credit card company has
turned it over to the collection agency, and they are the debtor now, and
they have sold it to antoher one and now another one is the debtor. Expect a
letter saying your being sued very soon!
Thanks for all advice.
H.J.
|
| |
| |
In misc.legal handyman@h_____l.com wrote:
I am looking for a little advice on this.
http://www.consumercounseling.org/
http://www.cccsintl.org/
|
| |
| |
handyman@h_____l.com writes:
Anyhow, they became pests. They called me at least 3 times a week, if
not more. They sent bills, more bills, thereats, etc. Talking to
them several more times, solved nothing. I finally got so fed up with
their harassment and abuse, that I sent a "Cease and Desist" letter.
I sent it certified mail. I used the legal and approved form, to send
this letter.
What "legal and approved form"? Why do you think that there is a
"legal and approved" way to tell someone whom you owe money to stop
asking you to pay them the money you owe them?
I don't know, maybe you're right, maybe there's some way you can
legally tell them to stop contacting you, and maybe they're
technically violating some law or other by continuing to contact you.
But you know what? I just have absolutely no sympathy for you. You
rang up the debt, you owe the money, and you need to face up to that
fact and deal with it appropriately. Trying to make them go away is
not dealing with it appropriately.
There are debt consolidation services who can help you negotiate an
agreement to pay off the debt. You may in fact be able to negotiate
directly with the collection agency to pay off some portion of the debt
over time (they're often quite willing to get some money without a
court battle). Or, worst case scenario, if you simply can't pay any of
the debt in the foreseeable future, then hire yourself a lawyer and
declare bankruptcy. Any of these would be an appropriate way to face
the music. What *isn't* is trying to get *them* in legal trouble for
simply asking you for money which you admit you owe.
|
| |
| |
handyman@h_____l.com! wrote:
I am looking for a little advice on this.
I have some credit card debt that I have been unable to pay due to
poor income. It's not that I am trying to avoid paying, it's because
I simply can not pay. My income dropped, and my living costs
increased. No matter how hard I try, there is no way I can pay this
debt. This may eventually lead to bankruptcy, but I keep trying to
get ahead, get better income, and hope to pay off the debt before this
happens. At this time, it looks very doubtful.
My question is this....
A few years ago, when I could no longer afford to pay these bills, I
contacted the CC company, and told them my problem/situation. Of
course, that was like talking to a wall. They could have cared less
about my problems, and only wanted their money, bla bla bla....
Anyhow, they became pests. They called me at least 3 times a week, if
not more. They sent bills, more bills, thereats, etc. Talking to
them several more times, solved nothing. I finally got so fed up with
their harassment and abuse, that I sent a "Cease and Desist" letter.
I sent it certified mail. I used the legal and approved form, to send
this letter.
What they did, was turn my account over to a collection agency, who
started calling and sending mail even more often, with more threats,
etc. I finally sent yet another "Cease and Desist" letter to this
collection agency, and attached a copy of the one I sent to the
original CC company.
I thought I would finally be free of the harassment, and would be able
to use my phone again, without my answering machine limit being filled
almost every day with their pleas and threats.
WRONG! My account was turned over to yet ANOTHER collection agency.
Once again the harassment continued, and even worse. They literally
called every day, often more than once per day. That's when I decided
to have the phone disconnected, which I did. Then I got a new phone
number, and got it under the name of my "business". I also had this
number "unlisted".
This stopped the calls, but the mail keeps coming. Recently, I have
been taking the mail, and writing "return to sender" on the envelope.
The funny thing is that THEY REFUSE the returned mail, and send it
back to me again, at which time I file it in the circular trash
receptacle.
Anyhow, my reason for posting this is because I am wondering if this
is legal. Since I sent the original debtor a "Cease and Desist"
letter, does this still allow them to turn the account over to a
collection agency, and have that agency continue to harass me? Does
anyone know? What are my rights under the Fair Credit Billing Act?
I have a sick, distant relative who may need to call me for help, and
Before I changed the phone number, this person could not even contact
me because of this harassment and filling my ans machine. This is NOT
what I would call "FAIR" credit billing. Having the phone number
changed was costly too, but I had no choice in the matter, since I no
longer "owned my phone".
One final question. I REFUSE to deal with collection agencies. If I
am ever able to setle this debt, I fully intend to take care of it
ONLY with the original debtor. Is there any reason I should, or
should not, do it in this manner?
Thanks for all advice.
H.J.
Write a check with no funds in the account and see how quickly you get put
in jail.
You took the money and refuse to repay the loan.
They can, and most likely will, seek court action some time soon.
Merry Christmas.
|
| |
| |
On Sat, 6 Dec 2003 20:40:27 -0500, "Mike Robinson"
<robinsonmike@sympatico.ca> wrote:
You should not do it in their mannor because the credit card company has
turned it over to the collection agency, and they are the debtor now, and
they have sold it to antoher one and now another one is the debtor. Expect a
letter saying your being sued very soon!
Ha ha, unless he owns real estate or has a large amount of money in
the bank they will never sue for unsecured debt.
All he has to do is dispute the debt to the new collection agency in
writing and it goes back to the original creditor. The debtor should
check his credit report to see if the original creditor has listed it
as a charge off. Since he has no assets he can ignore the crazy
collection agents that are probably convicted felons working from
prison any god damn way.
|
| |
| |
In article <bquadv0qub@enews1.newsguy.com> in misc.consumers,
Richard <anonymous@127.000> wrote:
[70-plus lines of quote and then: ]
Write a check with no funds in the account and see how quickly you get put
in jail.
Please be courteous and trim your quotes to just the _specific_ part
you are responding to.
Sigh. In the good old days, posting software wouldn't even transmit
an article when the amount of quote exceeded the amount of new text.
One more "improvement" we can thank Microsloth for.
--
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
Fortunately, I live in the United States of America, where we are
gradually coming to understand that nothing we do is ever our
fault, especially if it is really stupid. --Dave Barry
|
| |
| |
In article <3fd7d1c4.26307658@news.newsguy.com> in misc.consumers,
Keith <kilowatt@newsguy.com> wrote:
Ha ha, unless he owns real estate or has a large amount of money in
the bank they will never sue for unsecured debt.
Never heard of "garnishment of wages", have we?
--
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
Fortunately, I live in the United States of America, where we are
gradually coming to understand that nothing we do is ever our
fault, especially if it is really stupid. --Dave Barry
|
| |
| |
On Sun, 7 Dec 2003 11:12:37 -0500, Stan Brown
<the_stan_brown@fastmail.fm> wrote:
Ha ha, unless he owns real estate or has a large amount of money in
the bank they will never sue for unsecured debt.
Never heard of "garnishment of wages", have we?
They can't garnish wages unless they win a judgement in court. Of
course there are stupid people that let them win by default, but all
you need to do is start issuing subpoenas exploring their credit card
issuing policy with the big wigs and the case will magically fall
away.
|
| |
| |
h> Since I sent the original debtor a "Cease and
h> Desist" letter, does this still allow them to turn the account over
h> to a collection agency, and have that agency continue to harass me?
h> Does anyone know? What are my rights under the Fair Credit Billing
h> Act?
My friend has somewhat similar situation, and I asked a question in
newsgroup misc.legal.moderated, you may want to monitor it there for the
answers. The subject is "Collection of disputed debt".
I'm not a lawyer, but personally I would think that the original creditor
indeed can keep hiring collectors; whenever the next one contacts you, send
the next cease and desist letter right away.
Good luck.
|
| |
| |
One final question. I REFUSE to deal with collection agencies. If I
am ever able to setle this debt, I fully intend to take care of it
ONLY with the original debtor. Is there any reason I should, or
should not, do it in this manner?
A creditor can say that you *must* deal with it's agent--the collection
agency or collections attorney--and refuse to deal with you.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
|
| |
| |
Ha ha, unless he owns real estate or has a large amount of money in
the bank they will never sue for unsecured debt.
Incorrect. Many credit card companies are suing for as little as $1,000,
plus attorney's fees.
All he has to do is dispute the debt to the new collection agency in
writing and it goes back to the original creditor.
Incorrect. A request for verification of debt does *not* result in a debt
going back to the original creditor.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
|
| |
| |
Anyhow, they became pests. They called me at least 3 times a week, if
not more. They sent bills, more bills, thereats, etc. Talking to
them several more times, solved nothing. I finally got so fed up with
their harassment and abuse, that I sent a "Cease and Desist" letter.
I sent it certified mail. I used the legal and approved form, to send
this letter.
What "legal and approved form"? Why do you think that there is a
"legal and approved" way to tell someone whom you owe money to stop
asking you to pay them the money you owe them?
It's called a cease and desist letter under the Fair Debt Collection
Practices Act.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
|
| |
| |
--WebTV-Mail-17854-5004
Content-Type: Text/Plain; Charset=ISO-8859-1
Content-Transfer-Encoding: Quoted-Printable
You are posting in the wrong forum for help.
The collection agencies have long since BOUGHT your debt for =A2=A2=A2
on the $$$.
You are likely beyond the SOL (statute of limitations) for being sued.
The oft referred to credit counseling services are frequently worse than
bankruptcy for your credit record.Plus many are NOT "counseling" at all,
just shilling for the collection agencies and extorting high fees for
nothing.
If you go to my website, linked below, you will find links to forums and
information that will help provide you with the CORRECT data you need.
--WebTV-Mail-17854-5004
Content-Description: signature
Content-Disposition: Inline
Content-Type: Text/HTML; Charset=US-ASCII
Content-Transfer-Encoding: 7Bit
<html><center><a
href="http://community-2.webtv.net/Y-chat/WhyChatsCredit/">WHY CHAT'S
WEBSITE</center></A></html>
--WebTV-Mail-17854-5004--
|
| |
| |
Keith <kilowatt@newsguy.com> wrote in message news:<3fd7d1c4.26307658@news.newsguy.com>...
On Sat, 6 Dec 2003 20:40:27 -0500, "Mike Robinson"
<robinsonmike@sympatico.ca> wrote:
Ha ha, unless he owns real estate or has a large amount of money in
the bank they will never sue for unsecured debt.
Wanna bet? I knwo Citibank will. I have a family member going
through it right now. Practically no assets. The people in the know
that she has been working with have said that Citibank regularly files
suits against anyone in collections more than about 6 months.
All he has to do is dispute the debt to the new collection agency in
writing and it goes back to the original creditor. The debtor should
check his credit report to see if the original creditor has listed it
as a charge off. Since he has no assets he can ignore the crazy
collection agents that are probably convicted felons working from
prison any god damn way.
Pretty damned #@($ty advice.
|
| |
| |
On Mon, 8 Dec 2003 00:05:02 -0500, "Brett Weiss" <lawyer@erols.com>
wrote:
Incorrect. Many credit card companies are suing for as little as $1,000,
plus attorney's fees.
Yes, and all the debtors with no assets has to do is start issuing
subpoenas against agents, employees and anyone they can think of for
depositions. The creditor will realize that they will never collect
and it will cost them thousands of dollars to compensate their
employees and agents to testify for a pro se defendant that is
indigent.
The original post was by someone with no assets that feared
creditors. If people don't use their rights then the creditors will
walk all over them, but once you turn that trial on them and they are
wasting countless man hours on a lost cause the creditor will cut it's
loses and settle for nothing.
If you have assets like land or money in the bank then they will
continue the lawsuit, but when you have no assets and the credit card
companies know they will not collect they will usually charge off the
debt. If they don't you can charge up the collection bill to $100,000
in legal fees and then file for bankruptcy. Now what kind of business
will do that for a bad $1,000 debt?
I know people that did the same to their creditors and guess what,
they all charged off the debt rather then face the prospect of running
up legal fees for a lost cause. So don't tell me I don't know what I'm
talking about.
Creditors take the chance of not getting paid when they issued
unsecured debt and it is entirely their fault for using such bad
business practices.
--
Best Regards, Keith http://kilowatt-radio.org/ NW Oregon Radio Page
Hobby Radio Group http://groups.yahoo.com/group/hobby_radio_users
AOL IM: kilowattradi0
|
| |
| |
On Mon, 8 Dec 2003 00:03:00 -0500, "Brett Weiss" <lawyer@erols.com>
wrote:
One final question. I REFUSE to deal with collection agencies. If I
am ever able to setle this debt, I fully intend to take care of it
ONLY with the original debtor. Is there any reason I should, or
should not, do it in this manner?
A creditor can say that you *must* deal with it's agent--the collection
agency or collections attorney--and refuse to deal with you.
God, No wonder you give out free legal advice. Only a fool would pay
a lawyer like you to represent him/her in court.
--
Best Regards, Keith http://kilowatt-radio.org/ NW Oregon Radio Page
Hobby Radio Group http://groups.yahoo.com/group/hobby_radio_users
AOL IM: kilowattradi0
|
| |
| |
Incorrect. Many credit card companies are suing for as little as $1,000,
plus attorney's fees.
Yes, and all the debtors with no assets has to do is start issuing
subpoenas against agents, employees and anyone they can think of for
depositions.
Um...no. Most small claims courts do not allow depositions. The subpoenas
either wouldn't be issued, or would be quashed with little effort (and even
sanctions entered).
I know people that did the same to their creditors and guess what,
they all charged off the debt rather then face the prospect of running
up legal fees for a lost cause. So don't tell me I don't know what I'm
talking about.
A charge off simply means that the creditor will resell the debt to a
factor, not that collection efforts have ended. You don't know what you're
talking about.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
|
| |
| |
ROFL. You have no idea what you're talking about, and refuse to admit when
you're wrong.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
On Mon, 8 Dec 2003 00:03:00 -0500, "Brett Weiss" <lawyer@erols.com>
wrote:
One final question. I REFUSE to deal with collection agencies. If I
am ever able to setle this debt, I fully intend to take care of it
ONLY with the original debtor. Is there any reason I should, or
should not, do it in this manner?
God, No wonder you give out free legal advice. Only a fool would pay
a lawyer like you to represent him/her in court.
--
Best Regards, Keith http://kilowatt-radio.org/ NW Oregon Radio Page
Hobby Radio Group http://groups.yahoo.com/group/hobby_radio_users
AOL IM: kilowattradi0
|
| |
| |
In article <3fdb24ca.17825730@news.west.earthlink.net> in
misc.consumers, Keith <kilo_watt_radio2@yahoo.com> wrote:
On Mon, 8 Dec 2003 00:03:00 -0500, "Brett Weiss" <lawyer@erols.com>
wrote:
One final question. I REFUSE to deal with collection agencies. If I
am ever able to setle this debt, I fully intend to take care of it
ONLY with the original debtor. Is there any reason I should, or
should not, do it in this manner?
God, No wonder you give out free legal advice. Only a fool would pay
a lawyer like you to represent him/her in court.
Whereas you are considerably overcharging us for your advice, since
its value is negative.
--
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
Fortunately, I live in the United States of America, where we are
gradually coming to understand that nothing we do is ever our
fault, especially if it is really stupid. --Dave Barry
|
| |
| |
Keith <kilo_watt_radio2@yahoo.com> writes:
The original post was by someone with no assets that feared
creditors. If people don't use their rights then the creditors will
walk all over them,
There is no "right" to enter into a contract with a business to borrow
money from them and then to use legal maneuverings to avoid paying back
that money by making it too expensive for the business to collect it.
That's not a "right," that's the shameful, despicable act of a thief.
The fact that our legal system allows such abuse does not make it
right.
Creditors take the chance of not getting paid when they issued
unsecured debt and it is entirely their fault for using such bad
business practices.
Two wrongs don't make it right. It may, indeed, be wrong that
credit-card companies allow card-holders to put themselves too deeply
into debt. That doesn't make it right for such a card-holder to avoid
paying back the debt.
Note, furthermore, this quote from the posting which started this
thread:
It's not that I am trying to avoid paying, it's because
I simply can not pay. My income dropped, and my living costs
increased.
In other words, when the original poster incurred the debt, his
financial situation *would* have allowed him to pay it back, and then
that situation changed. Therefore, you can hardly claim that the
credit-card company should not have issued him the card on which he
incurred the debt.
In a case like that, the honest, appropriate response for the debtor is
to attempt to negotiate a payment agreement and/or to declare
bankruptcy, not to try to make the debtee go away by making the debt
too difficult to collect.
|
| |
| |
On Tue, 9 Dec 2003 03:40:30 +0000 (UTC), Jonathan Kamens wrote:
There is no "right" to enter into a contract with a business to borrow
money from them and then to use legal maneuverings to avoid paying back
that money by making it too expensive for the business to collect it.
That's not a "right," that's the shameful, despicable act of a thief.
The fact that our legal system allows such abuse does not make it
right.
The name of the game is to win and as long as the person is playing by the
rules then why do you think it is thievery?
--
Best Regards, Keith http://kilowatt-radio.org/ NW Oregon Radio Page Hobby
Radio Group http://groups.yahoo.com/group/hobby_radio_users
AOL IM: kilowattradio
|
| |
| |
On Tue, 9 Dec 2003 03:40:30 +0000 (UTC), Jonathan Kamens wrote:
In other words, when the original poster incurred the debt, his
financial situation *would* have allowed him to pay it back, and then
that situation changed. Therefore, you can hardly claim that the
credit-card company should not have issued him the card on which he
incurred the debt.
To insure that they would be paid the creditor should have secured the
debt. For you to cry about the bad business practices of billion dollar
corporations is baffling. Besides the default and charge offs for unsecured
credit is built into the system. Those with bad credit pay higher interest
rates or receive no credit at all, that is why there are credit reporting
agencies. I didn't make the credit or court system so don't cry to me about
it, I just know how to play the game.
--
Best Regards, Keith http://kilowatt-radio.org/ NW Oregon Radio Page Hobby
Radio Group http://groups.yahoo.com/group/hobby_radio_users
AOL IM: kilowattradio
|
| |
| |
On Mon, 8 Dec 2003 23:07:18 -0500, Brett Weiss wrote:
Um...no. Most small claims courts do not allow depositions. The subpoenas
either wouldn't be issued, or would be quashed with little effort (and even
sanctions entered).
So it is possible to issue a subpoena and start depositions in a small
claim court. Thank you for acknowledging that.
A charge off simply means that the creditor will resell the debt to a
factor, not that collection efforts have ended. You don't know what you're
talking about.
God, Lawyers like you should come with a warning label. Caution lawyer will
not stand up for client and will screw the client over.
--
Best Regards, Keith http://kilowatt-radio.org/ NW Oregon Radio Page Hobby
Radio Group http://groups.yahoo.com/group/hobby_radio_users
AOL IM: kilowattradio
|
| |
| |
Um...no. Most small claims courts do not allow depositions. The
subpoenas
either wouldn't be issued, or would be quashed with little effort (and
even
sanctions entered).
So it is possible to issue a subpoena and start depositions in a small
claim court. Thank you for acknowledging that.
I'm sorry. I didn't know that English wasn't your first language. You do
quite well most of the time, despite your obvious disabilities.
A charge off simply means that the creditor will resell the debt to a
factor, not that collection efforts have ended. You don't know what
you're
talking about.
God, Lawyers like you should come with a warning label. Caution lawyer
will
not stand up for client and will screw the client over.
You really are dumb.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
|
| |
| |
Keith <kilowatt_member@newsguy.com> writes:
The name of the game is to win and as long as the person is playing by the
rules then why do you think it is thievery?
You've made your position about "the name of the game" very clear in
your previous postings, but thanks for spelling it out explicitly here.
As far as I'm concerned, and I would like to think as far as most
people are concerned, the name of the game is to do what is right.
As for "playing by the rules," please note that "whatever you can get
away with" is not the same thing. A shyster lawyer may very well be
able to get away with the antics you've described for making a
legitimate debt collection so expensive that the debtee gives up, but I
doubt any judge would look particularly kindly upon such behavior or
consider it a best effort at "playing by the rules." Lawyers are sworn
to uphold the letter and spirit of the law, not to look for ways to
subvert it.
I have no desire to associate with people like you, so *plonk*.
|
| |
| |
On Wed, 10 Dec 2003 09:42:27 -0500, Brett Weiss wrote:
You really are dumb.
Compared to a lawyer who tells people to drop their pants whenever they
are in a legal dispute I think I'm smart. My score is 13-0 in legal
disputes and I think that speaks for itself.
--
Best Regards, Keith http://kilowatt-radio.org/ NW Oregon Radio Page Hobby
Radio Group http://groups.yahoo.com/group/hobby_radio_users
AOL IM: kilowattradio
|
| |
| |
On Sat, 06 Dec 2003 23:12:29 -0800, Keith <kilowatt@newsguy.com>
wrote:
All he has to do is dispute the debt to the new collection agency in
writing and it goes back to the original creditor. The debtor should
check his credit report to see if the original creditor has listed it
as a charge off. Since he has no assets he can ignore the crazy
What is a charge off ?
|
| |
| |
"mikeroy" wrote:
What is a charge off ?
An unpaid debt that a creditor has given up trying to collect.
Rich Wales richw@richw.org http://www.richw.org
|
| |
| |
Early on in practice, I learned that just because you *could* do something
didn't mean that you *should*.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
Keith <kilowatt_member@newsguy.com> writes:
You've made your position about "the name of the game" very clear in
your previous postings, but thanks for spelling it out explicitly here.
As far as I'm concerned, and I would like to think as far as most
people are concerned, the name of the game is to do what is right.
As for "playing by the rules," please note that "whatever you can get
away with" is not the same thing. A shyster lawyer may very well be
able to get away with the antics you've described for making a
legitimate debt collection so expensive that the debtee gives up, but I
doubt any judge would look particularly kindly upon such behavior or
consider it a best effort at "playing by the rules." Lawyers are sworn
to uphold the letter and spirit of the law, not to look for ways to
subvert it.
I have no desire to associate with people like you, so *plonk*.
|
| |
| |
| |
