Writing To Collection Agencies To Stop Calling

[treehugger1]

Bell, Yes I was served by local creditors/CA's in small claims court. Some I worked out agreements with through mediation. Others got the judgment and files for wage garnishment. No big deal for me, as I can survive after 25% garnishment. By local I mean local finance/banks, CA's who had local medical accounts, etc.

[albacore44]

Bell, Yes I was served by local creditors/CA's in small claims court. Some I worked out agreements with through mediation. Others got the judgment and files for wage garnishment. No big deal for me, as I can survive after 25% garnishment. By local I mean local finance/banks, CA's who had local medical accounts, etc.

So is it safe to assume the majors, Citi-B of A-Wells Fargo-Chase-Cap 1, would not be considered local, and woulden't persue through small claims ??

[treehugger1]

No, it is not safe to asume that. It could denpend upon your state small claims maximum amount. In Oregon, the amount is $7500 (some small claim, heh?) If they (CAP1, BOA, AMEX, CITI, etc) can get their file to an instate attorney, it makes sense for the attorney to address the issue in small claims. That's what I would do. How likely is this? In MY expereince, this has not happened from creditors that are large national financial institutions. In fact, I received no (none, zero, zippo) verifications of debt from the law firms they hired to collect. Keep in mind that much of my national debt I defaulted on over a year ago. I'm not exactly a ripe picking for a law firm who may be dealinf with 100's or 1000's of collections each day.

Again, I have yet to receive even a DV from these folks. The other thing is that I live in a small rural community and the law firms are hundreds of miles away. Perhaps this works in my favor. I don't know. In one case AIG (financial arm) had a branch office in a city 60 miles away. They did sue me in small claims and got a judgment and wage garnishment. I actually encouraged them to do so, since the debt was only about $1500.00. I almost had to explain to them the process. LOL.

I do not pretend to know the model used by OC's when it comes to authorizng a CA or law firm to proceed with suit. I do know, from expereince, that a law firm within 200 miles sent me a dunning letter for a debt that exceeds my state's small calims amount. They have not moved toward suit, but they recently sent a letter stating they are waiting for debt verification from CAP1. THey also stated in their letter that any and all legal action will end until they have forwarded the verification. I doubt that after 18 months, CAP1 sees me as a priority.

Never assume anything, in my opinion, except the following: Can you survive on wage garnishment in a worse case scenario? If not, then figure out how to pay for and file for BK.