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Offlineallreadyused
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What kind of "legal action"
    #7773372 - 12/18/07 10:53 AM (16 years, 1 month ago)

I got a call from a collection agency today saying I have to pay them x amount of cash by December 31 or they will "have to take legal action." They called it a "refusal to pay" which is sort of true. I told them that I've been without a steady income for the last 6 months due to unemployment and that I would have paid the bill if I had the cash. I also informed them that I just started working last week and would be able to pay them as soon as I get a check. Paychecks are held for 2 weeks for some ridiculous reason so I won't have cash until Friday January 11. They told me I can't wait that long and I have till the end of the month to pay the settlement or they will take "legal action." When I asked her how I am expected to pay the cash despite the fact that I don't have it she told me to try to borrow it. I got pissed and hung up and told her to do whatever they wanted.
I plan on paying the money as soon as I get a pay check. However I'm pretty sure by the time I'll be able to pay they will have already taken their "legal action." I was just wondering if anybody knows what kind of "legal action" they may take? Jail, fines, repossession, etc? As far as repossession goes; my car is not registered in my name, I rent, and there isn't really anything of value other than guns at my apartment they could take. And other than my concealed carry Glock all guns will be safely stored at my parents house by the end of the week till I get this straightened out.
This is all from a cell phone bill (Verizon) and I owe them about $400. Not sure on the exact amount because I don't have the bill near by. The phone has been shut off for 4 months now and Verizon is no longer handling the collection. They turned it over to some collection agency.
Oh and if anybody wants to ask how I'm able to access the internet. Fios, also a verizon service; kind of ironic.


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Invisiblejohnm214
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Re: What kind of "legal action" [Re: allreadyused]
    #7773437 - 12/18/07 11:10 AM (16 years, 1 month ago)

1. They can't do shit to you, pretty much.
2. They probably won't do shit to you. 400$ is a small amount for even a contract attorney to mess with.
3. Paying them may or may not affect your credit. You will still have the delinquency notice on your report from the credit provider and the collection agency, simply updated.


If it were me, I'd buy a cheap recorder, get them to say they are going to take legal action against you, and if they don't, then file a small claims court case, or a federal pro se complaint in forma paupris, but I'm a dick like that.

Look up the fair debt collection practices act. Threatining any act which they don't intend to do is an actionable offense. You may also tell them not to call you anymore, and they have to cease.


But as to your question, you cannot be put in jail. At most they'll go to court and get a judgment, which could be attached to property you own or used to garnish wages. This will almost certainly never happen, as this would cost more in time then they'd get if you even had the money, which you seem not to have anyways.


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OfflineGroomies
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Re: What kind of "legal action" [Re: johnm214]
    #7773493 - 12/18/07 11:35 AM (16 years, 1 month ago)

i've been avoiding them for over a year now. all they do is keep calling me.


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Invisiblejohnm214
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Re: What kind of "legal action" [Re: Groomies]
    #7773525 - 12/18/07 11:47 AM (16 years, 1 month ago)

oh, and personally I wouldn't pay them shit, but that's me. I don't think it will really hurt your credit worse than if you do pay.


I have heard of mortgages where a person was required to pay an entry on the report prior to approval, but have heard enough anecdotal evidence to believe changing the line from charged off, placed for collections, outstanding to charged off, placed for collections, negotiated payment or whatever isn't a difference in your score via the numerical value commonly calculated.

But I could be wrong on this, the credit scoring process is pretty secretive, and I'm not the best one to get advice on that.


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OfflineSeussA
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Re: What kind of "legal action" [Re: johnm214]
    #7773548 - 12/18/07 11:59 AM (16 years, 1 month ago)

> But as to your question, you cannot be put in jail.

As long as the bill is not owed to the federal government. Skip out on a federally backed small business loan, federally backed college loan, or what you owe the IRS and they will toss you in jail. (I know for certain on the small business loan, as I know somebody that went down that road, and suspect that I am correct on the other two... if not, please correct me.)


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Offlineallreadyused
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Re: What kind of "legal action" [Re: johnm214]
    #7773574 - 12/18/07 12:08 PM (16 years, 1 month ago)

Quote:

johnm214 said:
oh, and personally I wouldn't pay them shit, but that's me. I don't think it will really hurt your credit worse than if you do pay.




I plan on paying them; I want to get my cell phone turned back on eventually. Not having a cell phone sucks. I think verizon should be cool about that when I eventually pay them. I've been paying my fios bill in full and on time. But when I to comes down to pay rent, eat, put gas in the car, etc. or pay the cell phone bill. Well, I need a place to sleep, I need food to survive, and my car to get around. Cell phone isn't a priority.
Thanks for the input I didn't figure anything would come out of this. I know people who are 10's of thousands of dollars in debt and haven't gone to prison for it. Actually I technically only owe verizon about $200 for the service plan. They tacked on a $170 for a late termination fee and the collection agency is also charging a fee. When I told the lady I can't borrow $400 to pay by the 31st she told me there was a settlement amount I can pay. Maybe I'll call back and find out what that amount is; it's possible I may be able to cover that with my mycology hobby. I would have been able to cover it no problem 2 weeks ago but I had a "Tea Party" last weekend for 23 people and that pretty much killed my stash.


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Everything I say is for entertainment.

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Invisiblejohnm214
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Re: What kind of "legal action" [Re: allreadyused]
    #7773756 - 12/18/07 01:05 PM (16 years, 1 month ago)

Like Seuss said, unless its a government debt, not a crime.

But why would you think verizon will allow you to get your phone back on anyways? If a collection company has the debt, Verizon has no interest in it. They sold it.

Now if you contact Verizon directly, you may be able to get them to buy back the debt if you pay it off, but depending on their arrangment w/ the new creditor, they may not even discuss it with you.

Basically, I don't think you have any incentive to pay it off, but talk to Verizon and see. I'd personally not deal w/ the collection agency for reasons of personal conviction. Offer to pay Verion if you feel guilty about it, or figure out if you paying the debt will change anything.

You may have a no-contract pay as you go service in your future though.


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Offlineninfan77
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Re: What kind of "legal action" [Re: johnm214]
    #7776614 - 12/19/07 07:12 AM (16 years, 1 month ago)

They wont do anything but place a chargeback on your credit report.
After that's done, if you ever get the money, youc an call the collection group up (listed on the report) and offer to pay it back, they'll settle for a MUCH lower amount.

Granted you have a blot on your credit now, but hey... it goes away


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Offlineallreadyused
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Re: What kind of "legal action" [Re: johnm214]
    #7777058 - 12/19/07 10:18 AM (16 years, 1 month ago)

Quote:

johnm214 said:
Basically, I don't think you have any incentive to pay it off, but talk to Verizon and see.




I'm going to call Verizon before I call the collection agency again. Like you said if they won't turn it back on if I get caught up I have no real incentive to pay any time soon. That's what I'm going to tell Verizon. Verizon is a big corporation that only cares about the bottom line. I think if I tell them I'll go with another carrier or a prepay if they don't turn it on they'll be a little more receptive. A friend of mine had his Verizon phone turned off before because the check he sent got lost in the mail. They wanted to charge him a fee to reactivate the phone. He told them if they wouldn't turn the phone back on without paying it he would go with AT&T because he wanted an Iphone anyway. As soon as he told them he would go with another carrier they were 10 times more cooperative. My credit's fucked anyway I don't care too much about that. The ironic thing about getting behind on my bills the last few months is I get more credit card offers than ever before and offers for loans to pay my bills at %25 interest. Got to love it.


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InvisibleMontanahunter420
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Re: What kind of "legal action" [Re: allreadyused]
    #7778148 - 12/19/07 03:32 PM (16 years, 1 month ago)

So you can go to jail for not paying student loans?


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InvisibleYidakiMan
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Re: What kind of "legal action" [Re: Montanahunter420]
    #7778393 - 12/19/07 04:48 PM (16 years, 1 month ago)

Thanks for bringing up this FDCPA. I just got a new cell phone line and have been getting harassing calls four or five times a day for the last three weeks. Their actions are definitely in violation. Today I answered the call from Triad Financial, told the women on the phone my dilemma. She quips, "Well sir your number was slated to be removed but I'll make sure it stays, Bye" Click. I called back and cussed out the guy to answer the phone. He assured me I wouldn't get anymore calls and believe it or not, I haven't gotten any more calls today.

But the next time they call I'm going to tell them I'm filing an FTC complaint.

Just in case anyone else has a debt collectors problem I suggest they read the Act. If you don't ever want to pay it, or if you just can't pay it now, it is against the law to call and call and call and harass you all day long.


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Offlineallreadyused
The Liquor
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Registered: 09/10/07
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Re: What kind of "legal action" [Re: Montanahunter420]
    #7779869 - 12/19/07 10:47 PM (16 years, 1 month ago)

Quote:

jeverden said:
So you can go to jail for not paying student loans?




I don't know? I have a friend who hasen't made a payment on his federal student loan for almost 6 years. They haven't come after him yet...


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Invisiblejohnm214
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Re: What kind of "legal action" [Re: allreadyused]
    #7779974 - 12/19/07 11:33 PM (16 years, 1 month ago)

I had trouble finding a clear answer on the web about whether you can go to jail for a simple failure to pay your student loans.

Like Seuss I suspect the answer is yes, however; there is probably additional agravating factors needed, like the person refuses to set up a payment plan, meed with government agents, et cet.

All I could find online was fraud cases, and websites w/ FAQ's that don't provide citations, and so are worthless.


My guess is that if you ignore the student loan people they can jail you without fraud elements, but they have to show intent to evade them.

But just a guess, don't know.


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OfflineMeatyVitamin
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Re: What kind of "legal action" [Re: johnm214]
    #7779996 - 12/19/07 11:48 PM (16 years, 1 month ago)

The way collection agencies work is that the company (in this case Verizon) realized they aren't going to get the money out of you without some sort of struggle so they hired the collection agency under the promise that they can keep a certain percentage of the money they collect from you.

I had an outstanding debt of 500$ for almost half a year, besides harassing telephone calls there was absolutely no penalties beyond a pretty wrecked credit rating. Collection agencies are not police, and while they can take you to court (which at the very worst makes you pay them the money you owe them), the court fees usually make it inefficient to pursue.


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Invisiblejohnm214
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Re: What kind of "legal action" [Re: MeatyVitamin]
    #7780021 - 12/20/07 12:03 AM (16 years, 1 month ago)

well the court fees are miniscule, generally the fact that
1) you can't get money out of a broke man
2) you can't garnish wadges beyond a set limit under most laws
3) lawyers cost money, courts don't give a fuck about anyone and dick you around all fucking day cuz they feel like it


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Offlineninfan77
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Re: What kind of "legal action" [Re: johnm214]
    #7781310 - 12/20/07 11:52 AM (16 years, 1 month ago)

I know plenty of ppl who haven't paid a student loan back, ever, nor have they called or talked to anyone about it. Is it wise, probably not. are you going to fuck me in the ass prison for it, probably not.


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InvisibleMontanahunter420
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Re: What kind of "legal action" [Re: ninfan77]
    #7783540 - 12/20/07 09:25 PM (16 years, 1 month ago)

I haven't fucked up yet, hell I am still going to school but I owe a lot of money. Should be able to pay it back though since I am almost done!


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OfflineSeussA
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Re: What kind of "legal action" [Re: ninfan77]
    #7784544 - 12/21/07 04:53 AM (16 years, 1 month ago)

> I know plenty of ppl who haven't paid a student loan back, ever, nor have they called or talked to anyone about it.

I had an employee that had a SBL (small business loan backed by the federal government) that he had never repaid. He flew back to the US, from the Caribbean, for a vacation to see his family. On the way, he had to go through US Customs in Puerto Rico. When they scanned his passport, it came back that he had a warrant because of the defaulted loan. They arrested him on the spot. He got to spend Christmas and New Years in a San Juan jail waiting to be extradited. I don't know if student loans fall under the same rules or not... but if they are backed by the federal government, then I would suspect that they do.


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Offlineninfan77
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Re: What kind of "legal action" [Re: Seuss]
    #7784654 - 12/21/07 06:48 AM (16 years, 1 month ago)

Well, i know he had his sold/consolidated w/ a private group, so maybe thats the difference.

I'll let him know not to travel internationally tho :wink: Wouldn't you be notified via mail of a warrant at some point?


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OfflineSeussA
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Re: What kind of "legal action" [Re: ninfan77]
    #7784694 - 12/21/07 07:25 AM (16 years, 1 month ago)

> Wouldn't you be notified via mail of a warrant at some point?

Nope.


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