Not a peep from collections, yet?

[lotsahats]

It has been more than two months since I sent my last credit card payment. A little over a year ago, I was a few days late on a payment, and they didn't hesitate to call me that first day, and suspend my account until the payment had been received, so I'm surprised the phone isn't ringing off the hook by now. They have my home phone number as my primary contact number, but I don't even own a home phone, anymore—several months ago, I hooked my fax machine up to that number, and started using my cell number (which they don't have) as my primary contact number.

I keep my fax machine turned off unless I need it, so, if they've been trying that number, I wouldn't know, but I was expecting them to have somehow discovered my cell number by now. I haven't heard one word from either of my creditors. I just keep getting statements, with increased minimum payments due. The latest, so far, is $1,127 due at the end of the month. I'll be sixty days delinquent by then.

Not that I want to hear from them, I'm just sayin'.

[LadyInTheRed]

They probably have been trying to call that number. If they aren't able to reach you, they may start calling family members, your employer and even neighbors to try to locate you. To avoid that, you may want to hook up a phone to that line and answer a call from each creditor once so they know they've reached you.

[GoingDown]

But if you do that, don't have a big long conversation with them, just let them know they have found you and then hang up on them. Don't give them any information that they will be able to use against you later on.

[bladerunner]

going on three years since I paid or used any of my credit cards(owe 15K). I was unemployed for two years, just started working 3mos ago and was told will be laid off in Jan. Because I've been judgement proof these last three years any judgements against me have been dismissed. I have caller ID and when a phone number I do not recognize is posted on the fourth ring... my fax, really loud answers the phone. I have never, ever talked to bill a collector . Go to your nearest legal aid clinic get a template and send all of your debtors, judgement proof letters send them certified.... Honestly, It's been quite easy...you'll be fine...

[DYLAN150]

Bladerunner: Could you post a copy of the letter( minus your name, address of course)

[rta]

Bladerunner,

What do you mean by "Because I've been judgement proof these last three years any judgements against me have been dismissed." Did they sue you and get a judgment and you got the judgment dismissed? I'm just trying to get the process straight. I'm in a similar position. Thanks much.

rta

[GoingDown]

I am just guessing here, but I think bladerunner means that because he/she is judgment proof and has informed the debt collectors that he/she is judgment proof by sending that letter to them, the debt collectors have dismissed any lawsuits against him/her, or more likely, they may have threatened "legal action" but after receiving the letter in the mail, they didn't follow through with it and never filed a lawsuit against him/her.

Being judgment proof (some people call it collection proof) will NOT stop them from filing lawsuits, and once they get a judgment, it will not make the judgment go away, it merely makes the judgment worthless because they can't get paid.

However, in my opinion, letting the debt collectors know in writing that you are judgment proof (if you really are judgment proof) will make them less likely to sue you. It doesn't work in all cases, but for those creditors and junk debt buyers who decide to sue someone based on the likelihood of getting paid, it will make them less likely to sue you.

One thing I think that helps in this matter is not just telling them you are judgment proof, but also making it clear that you are going to be trouble for them. In other words, also tell them that you are recording all of their telephone calls and looking for any violations of the Fair Debt Collection Practices Act, and tell them in writing to cease and desist from any telephone calls, and let them know you will fight them in court if they do sue you and that you will fight them every step of the way after that and make sure that they never get a penny from you. If I read something like that, I wouldn't want to bother with them. For one thing, you have just taken away their main method of getting paid-- calling you on the phone. They know now that if they do call you, you will get a recording of them violating the FDCPA, and it may cost them a thousand dollars right there.

They also will know at that point that you won't be a push-over. You won't be easy to work with. You won't voluntarily pay them anything. They will probably put you on the back burner and passively monitor your credit report looking for any new signs of life, and in the meanwhile, go on to other debtors with low hanging fruit.

I would word the letter something like this...

[today's date]
[your name]
[the telephone number they are already calling]
[the address they already have for you-- or leave it blank]

If there is an underlying arbitration clause in the underlying credit card agreement, I exercise it for any dispute between us, waiving your right to sue over the dispute.

In accordance with the Fair Debt Collection Practices Act, I demand that you cease and desist from any communication with me.

It is inconvenient for me to receive telephone calls from you at any time and at any location.

In accordance with the Telephone Consumer Protection Act, I am informing you in writing that you are not authorized to call me on my cell phone. I revoke any prior authorization and demand that you never call me on my cell phone.

I am hereby informing you in writing that I will tape record any and all telephone calls from you and I will save them and use them as evidence against you if you violate the Fair Debt Collection Practices Act. If you do not want to be tape recorded then you are advised to never call me again.

I am hereby informing you in writing that I am judgment proof. [and now tell them why you are judgment proof without going into too many personal details, keep it general-- for example say what applies to you in your situation-- such as... I have no assets, no real estate, no wages to garnish, no checking account, etc., etc.]

[this next part may be a bit controversial, but I think it has helped me to keep from getting sued most of the time]

If you file a lawsuit against me, I will fight you every step of the way all through court, and even if you do win, I will fight against you and I will make sure you never get a penny from me voluntarily. If my circumstances change in the future, I will simply file bankruptcy and your judgment will become worthless. Filing a lawsuit against me will be a waste of your time, money and effort.

[rta]

This letter is a keeper! Thanks much.