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AK asked in Business & FinanceCredit · 1 decade ago

Credit card debt?

a collection agency send me letter about my debt about 4 year old and showing(12000) near to double amount of actual amount.In 2004 I got serious injuries in car accident and amitted in hospital for one month and about 3 week in ICU because my 5 ribs has broken and left lung collapsed and after this I could not work for over than one year and now I am working since 2 year at gas station as clerik and drawing 172.69 per week,I dont have car,home and any other assett to pay off, in this stressfull situation I have been become pataint of dieabatic and high blood pressure and when ever i receive letter from collection agency or attorney office to tell me if you dont pay you have to face civil sue in court and then I feel that my body and brain is under big stress and even I can not work properly start doing mistake and my blood sugar and blood pressure goes high.

Please anybody advise me that how came out from this situation.Thanks

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  • 1 decade ago
    Favorite Answer

    Things only bother a person as much as a person allows it to. Be strong and make your number one priority yourself and your well-being! The collection agent doesn't care about you or your situation. Their job is get money out of you anyway they can. First, discuss with the collection agent; make sure you owe the money. Be cordial and polite. You can make time and be nice cause that part is free, and shows you are earnest. Take notes. Whether it is a jerk or not. Ask for someone else to deal with if the person and you are like vintager and water! You can always say "I am totally willing to discuss this with your company, but we don't seem to get along." "May I speak to a supervisor?" You must be earnest about it!

    It sounds like you are aware of some sort of debt, but how do you know for sure it is actually YOU who owes for it? Maybe the insurance companies simply tried to save a buck and put the debt on you at the time. Did you let the hospital know you had no money, did they have some sort of program in place for indigents, and if they did, why didn't they offer it to you?

    Can the collection agency send you copies of the invoice? Also, most judges WILL NOT ALLOW a debt to double like yours did and the collection agency will have to back off that pretty quick, and at best will only be able to recoup the 6000.

    Once this, and several other things are looked into (I leave that up to your work- you have a computer and can get the internet- read all you can and look for information that may help you).

    Find out what the EXACT circumstance is and see if they will settle for pennies on the dollar, but be very careful about that- it is totally possible for the collection agent to say "Sure, I will see what I can do." and then call you back and say "Pay $1,200 now and we will forgive the debt."

    So you raise the $1,200 and send it in and think it is done, but guess what? Nope. You will get a letter now saying you owe 12,000 (minus the 1,200 you paid). You see, they CAN DO THIS. What are you going to do about it? Call and COMPLAIN? See where that gets you.

    A bona file settlement would entail an actual contract between you and the collection agency. If you are able to hash out an agreement with them, say for a certain amount and you will make payments or raise the money, DO NOT PAY THEM until you actually HAVE THE PHYSICAL PAPERWORK IN YOUR HANDS! And checked over by an attorney. Most towns have Legal Aid of some sort or another that are free or just a $25 and up fee. If they say "It was mailed and you should get it any day now." do not fall for it and pay first.

    Trying to negotiate payment with the collection agency will go far in a judges eyes EVEN IF YOU DON'T PAY A CENT! Just keep haggling with them. If they say 25 cents to the dollar, honestly say 10 cents to the dollar owed is all I afford to/can pay! Or .05. Keep a pad and pencil and write down times, names, what was discussed, and always keep it updated. Send $5 a month in if you want even more of a of good faith if things get dire! I once paid off a debt of $7,000 in small payments that took forever, but I never really missed it as it was a small amount each month.

    Finally, you have to look to yourself. Put away a little bit of money when you can, even $20 a month would be $480.00 now if you had been doing it for 2 years. If you cannot pay (sounds like you cannot) then if you have money saved up, perhaps you can go to technical school, like LVN (1 one year course, and you could make $450.00 and up a week once you are finished). Use the pressure that is on you as a tool! Plus, you could honestly tell the collection agency you are going to be an LVN in about a year!

  • 1 decade ago

    First of all, let's walk through a couple of things..

    1 - Did you have medical insurance at the time? If yes, please request EOB (explanation of benefits as to what was paid)..

    2 - If the debt is for amounts which the insurance said were above usual and customary charges, the hospital cannot hold you responsible..

    Now, if you do not have insurance, check this site for your the statute of limitations for your state...

    http://www.fair-debt-collection.com/

    This will tell you the time which a debt is valid to which it can be collected. If it is past the time frame, then great, advise them in a letter that the statute of limitations has expired and to stop contacting you... Even if the statute of limitations has not expired, send them a cease and desist letter anyway telling them to stop contacting you...

    If the situation occurs where they choose to press this in court (which they will not), you will be served with a complaint. The court will require you to answer.... You file the answer and explain your case. In addition, advise the court, you are "judgment proof". You really have no assets or anything which can be taken. You only make $700/month, for which you can barely make it...

    You can advise the collection agency that if they file against you, you will move to have the case dismissed on grounds of the statute of limitations expiring, if it has, or if the judgment is granted, you will seek straight bankruptcy protection.. This will not allow them to come get you for a dime.. Since this debt is older than 90 days old, you are allowed to include this in your bankruptcy application... Also, while bankruptcy does cost, you can make a motion to the court that you are unable to pay the fees for the proceeding and the judge can waive those filing costs.. You should contact legal aid for a free or reduced cost attorney...

    Do not stress yourself out.. It is not worth it.. If you have nothing, they can take nothing.. Even in cases of bankruptcy, a house, car, and other items survive (provided they are not held for in security agreements)...

    I hope that helps.. If you like, you can e-mail me and I will help you work through it...

    One other point.. It is not worth it to enter into any payment arrangements with them.. Your first choice of action should be debt validation requesting they show you how they arrived at that number.. They probably will not be able to justify how they arrived at that number.. Under fair debt collection practices act, they must cease collection on it, if they cannot provide ALL documentation on how they arrived there.. Simply providing a printout of the number does not suffice.. However, at no time, admit liability for the debt or promise to being paying on it.. If you do this, they will turn around and possibly sue to preserve their collection rights against you..

  • 1 decade ago

    Have you tried working with a debt consolidation group?

    Working with a debt consolidation company does work, they will work with creditors to reduce your rates and balances. My wife and I worked with one several years ago and we were very happy.

    Unfortunately it will affect your credit, thats just the way it works! Get your debts paid off and in a couple years your credit score will start to bounce back.

    Here is the company we worked with.

  • Anonymous
    1 decade ago

    I am sorry you have had so many difficulties. You probably should file for bankruptcy. If you cannot afford an attorney try to find a legal aid office in your area. Good luck.

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  • Anonymous
    1 decade ago

    Calm down

  • Anonymous
    1 decade ago

    Just try for debt consolidation loan. I will not explain you but i will just provide you a link visit it and understand hope your problem will be solve.

    http://www.ezconsolidation.com/credit_counseling.p...

  • 1 decade ago

    Try contacting one of the debt-assistance agencies.

    Oh yeah, and next time pay your credit card bills when they're due, and you won't have this problem.

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