Question for those who have been sued

[Loose Cannon]

Did you notice any drop in calls from CA's and/or JDB's? Did you notice any change in calling patterns from CA's or JDB's? Did you get any demand letters or phone calls from attorneys and were those attorneys local?

[treehugger1]

Here's the deal. If you don't want to be called and the debt is in the hands of a CA or JDB, send them a cease and desist letter requesting they communicate by US mail only. You should have a form letter saved to your computer that you can just change the name and address of the collector. The process takes me about 3 minutes. Then I spend the $5+ and send a certified return receipt letter.

If you are sued by an attorney representing the OC, CA, or JDB, then a new wrinkle can occur as they attempt to collect judgment. In my opinion, such folks are still collectors and fall under any cease and desist orders of the federal or your state government.

You just need to keep good records and continue to send out your letters requesting no telephone contact.

I'm in default on 16 accounts, but I have whittled this down to 10 who I don't have reasonable agreements with. For some I had agreements but I could not keep them, and they call now and then, but for the most part, I don't get a great deal of calls. Some of these accounts charged off and I have not made a payment in 6 - 10 months. Things are heating up, but since I can survive 25% wage garnishment, its no big deal.

[Loose Cannon]

I'm not so much worried about receiving calls as I have my cell phone on "silent" or "vibrate" all or nearly all the time. Thus calls from collection agencies do not bother me too much though their voicemails can be a minor annoyance. However I've noticed a very significant drop in the frequency of calls especially since all or nearly all my accounts have been charged off. Furthermore I've sent some DV letters CMRRR where I got the green card back but no validation (at least not yet).

What I was getting at was this: Does a sharp drop in the frequency of calls mean I'm home free with a particular creditor or does it mean lawsuit is coming?

[epiphany]

What I was getting at was this: Does a sharp drop in the frequency of calls mean I'm home free with a particular creditor or does it mean lawsuit is coming?

The drop in calls usually means the debt is changing hands..could be to a law firm who will initiate suit or could be to another collection agency who will start the cycle all over again.

crap shoot.

good luck,

ep

[GoingDown]

Did you notice any drop in calls from CA's and/or JDB's? Did you notice any change in calling patterns from CA's or JDB's? Did you get any demand letters or phone calls from attorneys and were those attorneys local?

Capitol One called everyday, even Sunday, for the first 3 months after I stopped making payments.

The calls got more aggressive and more frequent after the 2nd month.

After the third month, they sent my account to a third party collection agency. The collection agency was very hostile on the phone. I sent them a DV and Cease and Desist. They stopped calling.

About 2 weeks later, a different collection agency started calling about the same account. I sent them a DV and C&D, and they stopped calling, and then soon, a new collection agency started calling about the same account. This process continued for 1 year after I stopped making payments.

Then there was a period of about 2 months where I didn't hear from them.

Then a local collection agency started contacting me. I sent them a DV and a C&D. The calls stopped. Then a local collection attorney started calling me. I sent them a DV and a C&D. They sent back the last credit card statement before the account was charged off, and they enclosed a letter stating that it would be to my advantage to contact them immediately to avoid further "legal" action.

A few months passed. Nothing. Then I got a call from a relative that they had answered their front door and it was a process server asking for me. They admitted to knowing me, and the process server left the complaint with them. They served one of my previous addresses eventhough they know where I currently live.

I'm judgment proof, so I didn't bother fighting it.

A few months passed, and I received a letter from the local attorney demanding the original amount plus small claims court fees and attorney fees and statutory interest. I looked online and found that I indeed had a judgment against me. I sent the attorney a letter stating that I am judgment proof and told them exactly what I meant by that (no wages to garnish, no checking account to seize, no real estate to lien, one vehicle below the $5000 Arizona exemption, no assets, and no investments such 401K or stocks and bonds, etc.) , making it obvious that although they do now have a judgment against me, it is worthless because they will never be able to collect it. I sent it by certified mail so I can prove they received it and are aware of my situation in case they attempt some sort of wrongful levy or execution. And under Arizona Law, the sheriff has no right of entry into a person's home and cannot search a person when serving a writ of execution for a civil judgment. I quoted that law in my letter to the attorney as well. So he knows that I know my rights. I don't think I will ever hear from him again.

I haven't heard from them since then.

Under Arizona Law, 5 years from now, the judgment will be worthless, unless they renew it. I hope to file Chapter 7 before then anyways.

Most judgments are never collected.

[No Gravy]

I'm not so much worried about receiving calls as I have my cell phone on "silent" or "vibrate" all or nearly all the time. Thus calls from collection agencies do not bother me too much though their voicemails can be a minor annoyance.

Please tell me you have an unlimited incoming calls plan. Depending on how many creditors you have and how aggressive they are, this is at least something to consider. I'm not trying to be your mom, lol, just a friendly heads up.

I was getting 50+ calls a day. Since I already hate using the phone and rarely got any phone calls before any of this mess, I had my home phone on forward after 4 rings. That made it easier for my family to find me (only having to call one number), and gave me a centralized voicemail.

I had to shut off the forwarding for a couple of months, because the level of calls I was getting. Though my cell phone has an "Auto reject" feature (calls from creditors never ring my cell phone and they go straight to voicemail), each call "cost me" 1 minute of airtime. At 50 calls a day...that adds up, and fast.

Just a heads up for ya, something to check.