Being threatened by collection agency

[help4mydebts]

I have a medical bill that I made two good faith payments on and after the original creditor cashed my checks, decided they were no longer going to accept payments. So, of course, they sent me to a collection agency. I just received a phone call from them for the first time today and the guy threatened me saying that if I don't agree to pay $75 for three months and then have the account reviewed further after that, he is going to mark the account as "refusal to pay". I told him that I am not refusing to pay, I just need a more affordable payment right now, since I just had surgery and have not been released to go back to work yet. He said he "listened to my excuses for 5 minutes, now either agree to the payment arrangement or he will go after my house and search for other assets tomorrow. Can they do this "tomorrow" or is he just threatening me? I am scared to death..I just saved my home from foreclosure about a month ago by getting a loan modification and I don't want to lose it.

Any advice would be helpful.

[ryan]

This "refusal to pay" business is something most collectors like to use. I had Discover telling me that all the time. Meant no difference to me.... and I don't think it should matter to you.

It's a collection 'tactic' not an honest evaluation of your situation.
If, for instance, down the road, they contemplate suing you, it will be irrelevant. They will look at other factors.

As to the going after your and stuff, its all bluffing and idle threats. They are hoping to rattle you early in this process, causing you to commit to a plan you can't complete.

[nokia123]

remember, they want there money by any means necessary, so the bully tactics and the threats are part of the way they want there money. They want you to pay them now, so buckle-up, you are in for a ride.

[chicagoannie]

Just a threat from a little bully sitting in a cubicle making $8/hour and a commission on any money he wrings out of you.

Don't pay another cent if you are even thinking about filing BK. It will likely be MONTHS before any serious (court) action will be taken, if they pursue the debt at all. Don't waste time talking with this jerk again - if/when he calls, tell him to contact you via regular mail.

[help4mydebts]

Thanks for the posts and info everyone! I appreciate it.

I called around to several atty's this afternoon and ONE was very kind and called me back. He said the same thing...it is a bully tactic and there is no way he can touch my home because in AZ, it is exempt. He said only the mortgage co. can take my house for non payment. He said it would take months for them to get a judgement against me and garnish my wages. He said it could be weeks before they could go after a bank account, but that I would receive notice of this and could therefore file BK. Has anyone here had a creditor go after their bank account?

Thanks again for the info! This board is very helpful and I am appreciative!

[help4mydebts]

I forgot to add that I did a google search on this collection agency and it seems they are well known for being belligerent and rude to people. They violate the FDCPA and get away with it... Tons of complaints!

[IamOld]

I forgot to add that I did a google search on this collection agency and it seems they are well known for being belligerent and rude to people. They violate the FDCPA and get away with it... Tons of complaints!

It is a psychological warfare on their part. If you feel up to it, send them a cease and desist letter under the FDCPA (www.budhibbs.com has examples), and IF they call/harrass you thereafter, there are consumer lawyers (even the nice one you talked to maybe) would will sue THEM and may YOU some money!!! Of course cease and desist letter needs to go CERTIFIED & RETURN RECEIPT requested.

[frogger]

He said he "listened to my excuses for 5 minutes, now either agree to the payment arrangement or he will go after my house and search for other assets tomorrow. Can they do this "tomorrow" or is he just threatening me?

Well just tell him to come on! And when he gets there (which he never will), call 911 and report the "peeping tom" for what he is. Nothing more than a low life, lying, sack of sh...............................it.

Tactics like this are not acceptable, and complaints about violations usually go nowhere. Send them a c/d and tell him to pound sand.

[IamOld]

Well just tell him to come on! And when he gets there (which he never will), call 911 and report the "peeping tom" for what he is. Nothing more than a low life, lying, sack of sh...............................it.

Tactics like this are not acceptable, and complaints about violations usually go nowhere. Send them a c/d and tell him to pound sand.

Frogger is a million % right!!!! If I may add one more thing - BE SURE that you tell your atty once you hire the bankruptcy atty this - he/she may have plans for them :-)

[df04527]

If you have to answer the phone - tell them to stuff it. Best advice is to shut the ringer off or send all calls to voicemail.

[Pandora]

Oh the psych games I'd love to play with an asswipe creditor like that! LOL

"Planning on stopping by for a visit are you? Great! I'll be out back on my shooting range dialing in.....so...what time should I expect your company?..." *evil laughter abounds*

[DYLAN150]

Yea, I remember talking with a Collection guy for American express back in the early 90's. He talked to me like the drill Sgt. talked to his troops on Full medal jacket. It lasted for about one minute then I told him a few things and hung up.

[disconapper]

I had a similar situation last night. The debt collector talked over me, stated my address (which I refused to confirm), and basically berated me. After she finally shut her pie-hole. I told her to come on over to my house, I'd wait on the front porch and that I'm a black belt in karate (which I actually am), I also said...feel free to bring some friends as back up because you're gonna need it. Then I promptly informed her that I had an attorney on retainer, would be filing for bankruptcy within the next two weeks and to speak with my attorney. The only reason I even answered is because my attorney told me to give his number out to anyone that called. It's small moments of victory like that which make this process a bit easier. Even if I had money to pay with, I'd be hesitant to pay someone so rude and obnoxious. She has been the only person that has been rude to me, most have been very kind especially after disclosing the BK situation. Her tone did change after I told her to speak to my attorney.

[corrin69]

Thanks for the posts and info everyone! I appreciate it.

I called around to several atty's this afternoon and ONE was very kind and called me back. He said the same thing...it is a bully tactic and there is no way he can touch my home because in AZ, it is exempt. He said only the mortgage co. can take my house for non payment. He said it would take months for them to get a judgement against me and garnish my wages. He said it could be weeks before they could go after a bank account, but that I would receive notice of this and could therefore file BK. Has anyone here had a creditor go after their bank account?

Thanks again for the info! This board is very helpful and I am appreciative!

If that's the case, let him know next time you speak with him that he has violated the Fair Debt Collection Practices Act and that you intend to sue his agency and him personally.

Section 807(4) of the FDCPA provides states that it is unlawful to represent "that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."

I hate the guys.

[jwmc1]

You need to report these clowns to your attorney general for threatening your home. They cannot do this, it is illegal in many states. Don't let them get away with this.