Credit Collector threatening to sue me, what can i do?

[eeflores3]

Hello,

I hope i post this in the right place! I have received a few very angry, and rude voicemails from a Kirsten. I called her back today and was told i was going to be sued for an old Bally's account. I had no idea what she was talking about but she said it was from 2008. I hung up with her and thought about it. I had disputed that on both credit reports and it was removed. How can they sue me?

I have never received a phone like that in my life but i almost had a heart attack. I dont know what to do! My husband is overseas and i am completely tapped out financially.the lady called from Accelerated credit solutions. She said they would summons me at work but i told her i had no idea what she was speaking of and that i had those threatening voicemails that i would report. I have no idea how she got my number since its under my mother's name and in the past year i have rebuilt my credit. I dont know why i would receive these calls now!? Any advice would be appreciated!

Sorry for the rant, im 5 months pregnant and very very stressed out! lol.

[Anonymous]

Check this link

FTC

It will help you understand your rights and the rules, also, will be a good idea to pull a credit report, yours and your husband's and see from where they are coming

[Anonymous]

First of all, breathe.  Big hugs to you!!!! 

Many CAs or JDB (Junk Debt Buyers) will do whatever they need to unnerve you and will often use scare tactics and harassment just to get you to pay up.  If you are well informed of your rights and speak strongly to them (don’t stammer, promise to pay, apologize, etc) they will ease up. 

I’ve found that JDBs are the worse to deal with and are usually the ones who dish out the harassment.  However, many JDB have absolutely NO documentation on the debt at all. If they have no documentation, they can’t sue you.  So their only recourse is to harass you and lie, lie, lie.  

You need to DV these people immediately and send it CRR.  Make sure they DV properly.  And in your letter, let them know they are not to contact you by phone, only in writing.  If you tell a JDB they can not contact you by phone, or on certain phone numbers, or at specific times, then they must abide by your parameters.

[llecs]

Ditto to DVing.

They can threaten to sue, but per the FDCPA, they have to sue; it can't be an empty threat. I'd save up. If they verify and you agree with them from the DV results, then you can offer a modified PFD whereby you'd pay them to not report. Get their acceptance in writing first obviously. If they report by then, then send a regular PFD assuming they verified.

Is this the same CA that deleted when you disputed before? If different, it could easily be that the old sold the debt to the new one. They can do that. If it is the same one, a deletion doesn't mean that the debt was invalid. They can still collect on it.

I'm not current on serving folks at work. The laws vary by state, but in all likelihood, if this CA wanted to sue, you would be served at home and not work. That CA rep probably doesn't know too much.

[p-]

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@eeflores3 wrote:

Hello,

I hope i post this in the right place! I have received a few very angry, and rude voicemails from a Kirsten. I called her back today and was told i was going to be sued for an old Bally's account. I had no idea what she was talking about but she said it was from 2008. I hung up with her and thought about it. I had disputed that on both credit reports and it was removed. How can they sue me?

I have never received a phone like that in my life but i almost had a heart attack. I don't know what to do! My husband is overseas and i am completely tapped out financially.the lady called from Accelerated credit solutions. She said they would summons me at work but i told her i had no idea what she was speaking of and that i had those threatening voicemails that i would report. I have no idea how she got my number since its under my mother's name and in the past year i have rebuilt my credit. I don't know why i would receive these calls now!? Any advice would be appreciated!

Sorry for the rant, im 5 months pregnant and very very stressed out! lol.

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Relax....  Do your homework and you can find a safe way through this.

First, the bad news.  Whether it's on your credit report or not, if you had a contract with Bally's and stopped paying them, chances are you legally owe the money.  If you never signed a contract with Bally's, they are wrong, and if they sue you, as long as you show up and fight it you stand a good chance of coming out on top.  Do they have a contract with your signature?  How much do they say you owe?

If you do owe the money, you'll have to figure out a way to negotiate a payment arrangement or settlement with them.  You might try contacting Bally's directly and see if they can take it back out of collections, but your chances aren't that good for that after 3 years.  The last thing you need is a judgment - it will haunt you for a long time and could result in garnishment of your pay.

The good news; If your husband is in the military, there are people on post that will help you through this.  You can get legal assistance, and maybe even a lawyer.  If it is not a real account, you need to follow the DV process.  Sent them a registered DV letter that includes a no phone call / mail only request.  That should stop the phone calls.  

Sometimes when they make threats like that, they are trying to scare you into paying.  But sometimes they really are planning to sue.  Better to be safe, do your homework, and get it resolved.  

Another suggestion; contact Bally's and get as much information from them as possible about the account.  Find out how much you owe, if it's legitimate or not, and what they will be bringing to the courthouse.  If it's a real contract you signed, don't let it get to court.  Contact the agency and see if you can make arrangements for a PFD.  Make a list of all your expenses and eliminate all but the most critical.  Get rid of cable TV, cell phone, nail polish, anything you can cut to come up with a little extra.  And don't let it stress you out.  Stay calm, rational, and make the tough decisions to get yourself through this.  

You can do it.

[Anonymous]

In addition to my above post…

How much do they say you owe?   If it’s for a small amount, like less than $500, they probably will not sue.

What state are you in?

Please, please, please do not agree to pay until AFTER you send your DV and they mail you proper validation.  And NEVER acknowledge your ownership of this account until after they validate.  Even if you are aware that you owe what they say you do.  You need them to properly validate first.  They need to prove to you that they are the current owners of the account.  Many JDBs will still try to collect on accounts they’ve sold. 

And they should provide to you in writing the DOFD (date of first delinquency).  Meaning, when was the first payment that you missed and never again caught up to being current.  Very important that you get this date and then look up the SOL in your state.  If SOL has expired, they can not sue you.  And you can basically tell them to go “f” themselves when they harass you.   (Well, they can sue you but all you need to do is show up in caught and prove to the courts that SOL has expired and you immediately win!)

So get that DV letter in the mail today and tell that all communication should be done in writing.  Mail it CRR and keep copies of all of your paperwork incase you need to go to court.  The start saving money on the side if you can. 

If and when they provide proper validation….and only when they do….do you mail a letter back asking to a PFD.  You can lowball them on the offer amount, start at 30% of the total due.  These JDBs buy the accounts for pennies on the dollar which if why the will all offer settlement amounts. 

Only when they agree in writing on letterhead to accept your offer and agree to delete the account from your credit reports and their letter is signed by a person do you then mail them payment.  Mail them a money order, never a personal check with your account number and never a check by phone.  Don’t give these people your account info!  

Keep all of your paperwork.  You never know if you may need it again.  A lot of the time your account will get resold to another JDB even though you paid it. 

And if they continue to call and harrass you tell them you are recording the call.  Then look up your state's rule on recording of phone calls.

[CreditCrusader]

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@eeflores3 wrote:

Hello,

I hope i post this in the right place! I have received a few very angry, and rude voicemails from a Kirsten. I called her back today and was told i was going to be sued for an old Bally's account. I had no idea what she was talking about but she said it was from 2008. I hung up with her and thought about it. I had disputed that on both credit reports and it was removed. How can they sue me?

I have never received a phone like that in my life but i almost had a heart attack. I dont know what to do! My husband is overseas and i am completely tapped out financially.the lady called from Accelerated credit solutions. She said they would summons me at work but i told her i had no idea what she was speaking of and that i had those threatening voicemails that i would report. I have no idea how she got my number since its under my mother's name and in the past year i have rebuilt my credit. I dont know why i would receive these calls now!? Any advice would be appreciated!

Sorry for the rant, im 5 months pregnant and very very stressed out! lol.

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With matters like this, it's almost always YMMV...so take this as one man's experience please

Typically, debt collectors (or law firms acting as high-priced debt collectors) who actually intend to sue you do not behave in the manner you described. I have been contacted by collectors at various times during the past two decades and sued only once...and the creditor who sued had turned the account (which as for a repo'd vehicle's balance after auction) over to a law firm that specialized in suing to recover old debts. The process was very orderly so as attend to all the legalities...papers served through the Sheriff and court and such. I eventually settled so that it didn't find its way onto my credit report, but there were no overtly threatening actions taken on the part of the creditor.

What you are describing REEKS of sewer service seeking, bottom-feeding 3rd party collectors. If I read your OP correctly, you already initiated dispute/validation activity with the bureaus...after which the account was removed because the original creditor either couldn't or didn't care to validate the debt.

Now, after a significant period of time, a bottom-feeder arrives calling and threatening to sue you...harass you at work...etc. Now, take a deep breath and read the following words very carefully:

These tactics are meant to intimidate you into paying...nothing more, nothing less

Believe me, if the original creditor had any designs on suing for this balance, they wouldn't have sold the debt for pennies on the dollar to a 3rd party collection company. They likely would have asked a local firm to sue you locally - and at minimum, they would have validated the debt with the CRAs to keep it on your reports.

I used to deal with these bottom-feeders on a daily basis when I worked for a national telecom. They bought all our out-of-SOL (or close to out-of-SOL) accounts - then used the limited information to try to collect using fear tactics. I know this because some of the accounts were with current customers who called us angry that we had referred old accounts out to these people.

If I were you, I'd send these people a CEASE COMMUNICATIONS letter (specifically NOT a "cease and desist" letter...proper verbiage is essential here, as there is NO "cease and desist" letter where collection law is concerned) - letting them know they may only contact you via U.S Postal Mail regarding the alleged amount owed. Subsequent to that point, they can initiate ZERO communications with you any other way but mail. I'll bet 20 to 1 that they disappear...off to harass a different person.

One thing more...

Be VERY careful what you divulge where dealing with bottom-feeders is concerned. Saying or agreeing to the wrong thing could restart the statute of limitations on the debt and/or validate it in the eyes of federal collection laws. The burden of proof to validate the debt is on THEM. Make them earn their pay and try to stay calm! The frightened consumer is always easy fodder for these predators, so don't take the bait...good luck!

[IOBA]

My own experience with Bally's from the mid 90's.  

Per my contract, I sent them a CMRR letter canceling the contract.  

Per my contract, I went in person and hand delivered a letter canceling the contract and verbally cancelled.

I think that they required 30 days written notice.

I contacted my cc and asked them to block Bally's charges.  Bally continued to charge my cc monthly.  I allowed two cycles to go through before disputing the charges.

Bally's corporate sent a nasty gram.   

Bally's corporate called, in a bad mood.

I mailed all of my proof, to include a copy of my contract, showing I had met their requirements to cancel the contract.   The bad mood lady grumbled, but finally acknowledged I had done it correctly.  She sent a letter confirming I owed no money.

Then the account was sent to outside collections about 6-12 months later.   The CA dropped the case after I provided them with all of the proof, to include the original contract, the CMRR letter & green card, the phone logs, and the letter from corporate.

The CA was very angry.  They had bought the debt thinking it was legit to find out that it was not legit.  I told them to duke it out with Bally's.

Just my story for informational purposes only.

[IOBA]

PS - Do NOT ever mention that your husband is military!!!  CA's can be vicious.