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New Member
Ready2Rebuild
Posts: 9
Registered: ‎09-09-2009
0

Fair Collections & Outsourcing

$2099.03 Broken apt lease...

 

Anyone every delt with them before, how do I start this is a big $$$ amount that I want to lower or delete from my CR!

New Member
rickt411
Posts: 4
Registered: ‎08-17-2009
0

Re: Fair Collections & Outsourcing

They are tough to deal with.

 

As a condition of my new lease, I had to pay off the amount I owed to FCO.  I know that the cardinal rule is not to pay without a promise of deletion, but it needed to be done in this case.  I got them to settle at about 50%, but after a bunch of goodwill letters it is becoming obvious that they will NEVER delete the paid tradeline; they always insist that to do so is not their standard policy and will only update as a paid collection, which as we all knows hurts FICO just as bad as an unpaid collection.

 

I started with a really low number ($1000 on $3700) and managed to get them down to approximately $1800 on my settlement.  Once again, I am not advising you negotiate anything similar, and most people here will tell you not to pay a dime unless you can get a PFD in writing, which is absolutely correct.  Just thought I would share my experience.

New Member
Ready2Rebuild
Posts: 9
Registered: ‎09-09-2009
0

Re: Fair Collections & Outsourcing

Hey Rickt411,

 I thank you for sharing, that is exactly what I am looking for different experiences so I know how to proceed with them.

 

 

Anyone else care to share???

Valued Contributor
IOBA
Posts: 2,696
Registered: ‎08-13-2009
0

Re: Fair Collections & Outsourcing

I have never dealt with the company.

 

What is more important to you - settling for a lesser amount or having it deleted from your credit bureau?

 

1.  Settling?  Negotiate.  Offer 30%, tell them how you will get the money, and when you can pay it.  (For example, your mom will loan you the money if you can provide a letter from the collection agency saying it will be considered paid and no further action will be taken.)

 

2.  Deleted?  Ask for a letter saying that they will delete when paid, then set up a payment plan.  You can probably negotiate no interest.   Make payments every two weeks, or when you get paid.  They will be more receptive to receiving money several times a month versus once a month.

 

Good luck! 

New Member
Ready2Rebuild
Posts: 9
Registered: ‎09-09-2009
0

Re: Fair Collections & Outsourcing

IOBA,

 That sounds like a really good plan. I will process option 2. I am sure deletion is better than settling any day, right?

Contributor
wildstang
Posts: 80
Registered: ‎09-02-2009
0

Re: Fair Collections & Outsourcing

Oh man i have dealt with them, trust me do everything you can so they dont take you to court. I was taken to court when i was on deployment and now im still fighting them after 4 years to vacate the judment. Its illegal to take a person to court and enter a default judment on them if they cannot physically show up or even know they are being summoned especially if they are on military orders.

 

Anyways good luck, Im fed up with these guys i am about to get an attorney.


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Valued Member
msloryn
Posts: 44
Registered: ‎07-10-2009
0

Re: Fair Collections & Outsourcing

I owed $300 for "not thoroughly cleaning my apt" before I left in Feb of '03. I DV'd them in June and it was deleted. I guess I got lucky because it was passed SOL.


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Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Fair Collections & Outsourcing


wildstang wrote:

Oh man i have dealt with them, trust me do everything you can so they dont take you to court. I was taken to court when i was on deployment and now im still fighting them after 4 years to vacate the judment. Its illegal to take a person to court and enter a default judment on them if they cannot physically show up or even know they are being summoned especially if they are on military orders.

 

Anyways good luck, Im fed up with these guys i am about to get an attorney.


What makes your situation illegal is the fact that you are in the military.  They should have filed an affidavit affirming you are not in the military.  If they can not do that they can not file suit against you.  You need to see your JAG.

 

People file suits all the time and get default judgments. It is not illegal.

Frequent Contributor
Underh20
Posts: 322
Registered: ‎11-15-2008
0

Re: Fair Collections & Outsourcing


guiness56 wrote:

wildstang wrote:

Oh man i have dealt with them, trust me do everything you can so they dont take you to court. I was taken to court when i was on deployment and now im still fighting them after 4 years to vacate the judment. Its illegal to take a person to court and enter a default judment on them if they cannot physically show up or even know they are being summoned especially if they are on military orders.

 

Anyways good luck, Im fed up with these guys i am about to get an attorney.


What makes your situation illegal is the fact that you are in the military.  They should have filed an affidavit affirming you are not in the military.  If they can not do that they can not file suit against you.  You need to see your JAG.

 

People file suits all the time and get default judgments. It is not illegal.


 

The SSCRA, contrary to popular belief, does not mean you cannot be sued and have a judgment entered against you.

 

Once you are served, the servicemember needs to a) bring to the attention to the court that they are unavailable because of military duty and b) have their commanding officer or unit SJA (JAG) write a letter to the court stating that they are unavailable.  Simply because one is on active duty and, if applicable, deployed does not mean you are unavailable.  Your command must state a military necessity and not simply that you have no leave time coming to you or choose not to take leave.  If you get the court's attention, the SSCRA mandates up to a three month delay of any process against you. 

 

Your creditor does not have to prove you are on active duty.  They simply file an affidavit stating that to the best of their belief, you are not an active duty military member.  That they should have known makes no difference.  Technically, you must prove that they knew and chose to mislead the court.

 

Courts have wide latiitude in how to handle this issue and some may go the extra mile in recognition of your military service.  But they do not have to.  It is always worth trying to get the judgment vacated even though you were personally served and failed to raise the SSCRA and / or have no proof that the creditor knew you were subject to protection of the SSCRA.  Sometimes judges are suckers for a guy in uniform.     

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Fair Collections & Outsourcing

I do believe you are incorrect on this. 

 

Section 200(1)

(50 U.S.C. App. § 520)

In any action or proceeding commenced in any court, if there shall be a default of any appearance by the defendant, the plaintiff, before judgment shall file in the court an affidavit setting forth facts showing that the defendant is not in military service. If unable to file such affidavit plaintiff shall in lieu thereof file an affidavit setting forth either that the defendant is in the military service or that plaintiff is not able to determine whether or not defendant is in such service. If an affidavit is not filed showing that the defendant is not in the military service, no judgment shall be entered without first securing an order of court directing such entry, and no such order shall be made if the defendant is in such service until after the court shall have appointed an attorney to represent defendant and protect his interest, and the court shall on application make such appointment. Unless it appears that the defendant is not in such service, the court may require, as a condition before judgment is entered, that the plaintiff file a bond approved by the court conditioned to indemnify the defendant, if in military service, against any loss or damage that he may suffer by reason of any judgment should the judgment be thereafter set aside in whole or in part. And the court may make such other and further order or enter such judgment as in its opinion may be necessary to protect the rights of the defendant under this Act. Whenever, under the laws applicable with respect to any court, facts may be evidenced, established, or proved by an unsworn statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury, the filing of such an unsworn statement, declaration, verification, or certificate shall satisfy the requirement of this subsection that facts be established by affidavit.

 

I would say that if you are deployed you are unavailable to show up in court.  And if you are depolyed how are you going to know a judgment has been entered against you.  More than likely you will not. 

 

 


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