Send another letter?

[LAKERHIGH]

A close friend of mine received a collection from Zwicker and Assoc yesterday. Back in Feb they sent him the first letter. He disputed the debt at hand via certified mail. In March, he received the same letter and he sent another certified letter disputing the debt. Well 5 months passed and he received another letter from them yesterday stating "no attorney has been assigned, but please try to resolve the matter." Should he send another certified letter disputing it?? He is on work comp and SS for life. In NYS they can't touch his $$$ I believe. They have not sent "the official attorney papers" that they usually send in time.

[treehugger1]

I'm not sure that just disputing a debt stops the dunning. Did he ask for verification of debt? If so, and they failed to provide the info but continued collection efforts, I'd start looking for an attorney who would take them on at no charge. This sounds pretty blatant, especially if your friend has the original return-receipt. However, it depends upon what your friend actually requested. If he/she failed to ask for verification or clearly state cease and desist communications, the CA can probably keep attempting contact. More info is needed here. You might also check out other boards related to CA.

You can also google the name of the CA and see if there are pending suits in your region against them. Your friend might find an attorney wiilling to help him/her that is already involved in actions against the CA.

[AngelinaCatHub]

If this is his only problem, he has no problem. At this time he should write stating he is in ill health and on SSI, and he is sorry he can't pay due to his circumstance, but would agree to five dollars a month no interest or penalties. This worked for my Mom who was dieing of COPD, (don't smoke). She never recieved another bill from several CC companies. I won't sware it will work for you but what the heck, worth a try. 'Hub

[LAKERHIGH]

I'm not sure that just disputing a debt stops the dunning. Did he ask for verification of debt? If so, and they failed to provide the info but continued collection efforts, I'd start looking for an attorney who would take them on at no charge. This sounds pretty blatant, especially if your friend has the original return-receipt. However, it depends upon what your friend actually requested. If he/she failed to ask for verification or clearly state cease and desist communications, the CA can probably keep attempting contact. More info is needed here. You might also check out other boards related to CA.

You can also google the name of the CA and see if there are pending suits in your region against them. Your friend might find an attorney wiilling to help him/her that is already involved in actions against the CA.

He disputed the entire portion twice and put in the letter "cease and desist."

[treehugger1]

Unless your friend is prepared to instigate his/her own lawsuit via the FDCPA and/or state violations, perhaps they should investigate a consumer attorney group that can help. If your friend clearly stated that no communication should be conducted, then it seems as if there are violations of the FDCPA. If such is the case, it is probably your friend's responsibiliy to bring this to the attention of a judge in a court of law. He/she should be prepared for demonstrating that federal/state laws have been broken.

As previously mentioned, there may be other information resources available that can lead your freind in the correct direction.

Best to you all,

TH

[treehugger1]

If a cease and desist was noted twice by certified return mail, then I would definitely contact a legal firm that has dealt with these folks (CAs) before.

Other than that, follow the lead of BigBoy! It is important to never divulge your financial information. I tell creditors/CAs that I owe more than I make, and leave it at that. When they scream "suit," I can now honestly telll them to sue me as they can then get in line for garnishment; could be months before they see a penny. Its a hard way to pay your debt, but what the h*ll. A judgment means little if all one has is wages and can live on 75% of takehome, or all income is exempt. Good God, I had more than 60% of takehome going to unsecured creditors prior to my decision to let them all take a hike or go fishing.

[treehugger1]

After re-reading the orignal post, why doesn't your freind just declare BK 7 and move beyond the debt? Unless your friend has valuable assets, what is to stop him/her from declaring a Chapter 7 BK?

[No Gravy]

The call ended with me telling them to sue me and get a F**ing judgment and then conduct a debtors exam and have a judge review my financial affairs and you can piss away a couple grand in attorney fees to find out I don't have anything you can get ....now piss off.

*Stands up and cheers*

OK I admit after six+ months of this I don't have the tolerance I used to for collectors. I am to the point of yes, sue me, I really don't care.

I'm right there with ya. When you simply can't pay, nor have any reasonable expectation of being able to do so in the near future...answering their stupid little questions are a waste of time. And it does get wearing on a person...at least it has on me.

[LAKERHIGH]

I told my friend to let it go until they send a summons. Then he will answer to the court and Zwicker if they ever send one

[woeisme]

After re-reading the orignal post, why doesn't your freind just declare BK 7 and move beyond the debt? Unless your friend has valuable assets, what is to stop him/her from declaring a Chapter 7 BK?

If all his income is exempt and has no assets that the creditors can go after, why should he spend the $ to file BK? Even if pro se, it costs almost $300 in filing fees and requires a lot of work that he may or may not be able to do properly, with an attorney we're talking spending in the thousands for uncollectable debts. So I'd say why CH 7, not why not CH 7.

[GoingDown]

If all his income is exempt and has no assets that the creditors can go after, why should he spend the $ to file BK? Even if pro se, it costs almost $300 in filing fees and requires a lot of work that he may or may not be able to do properly, with an attorney we're talking spending in the thousands for uncollectable debts. So I'd say why CH 7, not why not CH 7.

You're right. The cheapest and easiest thing to do is absolutely nothing, if a person is judgment proof.

But sometimes, it makes sense to eventually file Chapter 7 if...
1. The debtor expects to eventually receive some sort of inheritance
2. The debtor expects to eventually return to work at a long term position
3. The debtor wants to eventually acquire assets

[GoingDown]

I have dealt with Zwicker and Asses on two accounts. They are full of crap and do nothing but violate the FDCPA.

Me I would send a full on C&D. In the letter I would reference the other two DV letters and the CMRRR numbers also include copies of the letter and the green cards. Tell them they are to C&D all collection activity and a complaint is being filed with the NY State AG's office along with the FTC.

Since your friend is judgment proof, it really doesn't matter. Just tell them to go pound sand. Me personally I never divulge any personal or financial info.

I recently told a collector I had been very sick (was true) and was not able to work. That lead to are you going to get disability income? I was like excuse me? He asked again, I told him if I was it was exempt, and he said so your refusing to pay? I said yes, with exempt funds I am. Well them he wanted me to send him my medical records so he could get his client to review them and see of they wanted to remove my account from collections. Excuse me? You want me medical records? I don't think so. So I was labeled as not willing to cooperate, a refusal to pay...etc...

The call ended with me telling them to sue me and get a F**ing judgment and then conduct a debtors exam and have a judge review my financial affairs and you can piss away a couple grand in attorney fees to find out I don't have anything you can get ....now piss off.

Well that account was sent back to Chase for 'legal' action and two weeks later (today) I get a call from another collection agency for the same Chase account.

Guess they didn't want to sue me even though I asked them too...LOL

But no, I won't give out any info unless it's to a judge, I wont even tell anyone I was sick again. I just keep saying, I have no job, have no money, and anything else is none of your business. OK I admit after six+ months of this I don't have the tolerance I used to for collectors. I am to the point of yes, sue me, I really don't care.

6 months? Try doing it for years. I have no tolerance left for them. On the rare occasions when they call, I cuss at them or make animal noises or take the phone into the bathroom and let them hear the toilet flush or I start speaking in Spanish to them (my accent is horrible) or I play my guitar and sing a song to them while they are on speakerphone. I've learned to have fun with them. Some of them yell back at me, but most of them just end up hanging up on me because they realize they aren't going to get any commission from me because I will never voluntarily pay them anything at all.

[No Gravy]

You're right. The cheapest and easiest thing to do is absolutely nothing, if a person is judgment proof.

But sometimes, it makes sense to eventually file Chapter 7 if...
1. The debtor expects to eventually receive some sort of inheritance
2. The debtor expects to eventually return to work at a long term position
3. The debtor wants to eventually acquire assets

And also, at least here in CA, a person can petition the court to waive the filing fees, and/or pay in installment payments, subject to income guidelines.

[No Gravy]

6 months? Try doing it for years. I have no tolerance left for them. On the rare occasions when they call, I cuss at them or make animal noises or take the phone into the bathroom and let them hear the toilet flush or I start speaking in Spanish to them (my accent is horrible) or I play my guitar and sing a song to them while they are on speakerphone.

*snickers* Now that's creativity! I think you should make a CD of this, and sell it on the Internet

[GoingDown]

*snickers* Now that's creativity! I think you should make a CD of this, and sell it on the Internet

LOL! I have been recording all of these telephone calls and I play them for my friends and some relatives and we all have a good laugh about it. If the calls didn't have my personal information in them, I would post them on You Tube.