Urgent help needed concerning debt colletion.

[colleyvillesooner]

My fiancé apparently has a very old debt, probably 6 years, from a credit card in college. She couldn't pay it, and let it go. Bad move she regrets now, but can't change that. The debt collection is for $2200. She got a letter in the mail from Laurence A Hecker law firm. It listed the original creditor, amount and read:


NOTICE OF IMPORTANT RIGHTS UNLESS YOU, THE CONSUMER, WITHIN THIRTY DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION
THEREOF, THE DEBT WILL BE ASSESSED VALID. IF YOU THE CONSUMER NOTIFY US IN WRITING WITHIN THE THIRTY DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, WE WILL OBTAIN VERIFICATION OF THE DEBT OR A COPY OF A JUDGEMENT AGAINST YOU, THE CONSUMER, AND A COPY OF SUCH VERIFICATION OR JUDGEMENT WILL BE MAILED TO YOU BY OUR OFFICE. UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY-DAY PERIOD, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE
CURRENT CREDITOR. IF YOU NOTIFY OUR OFFICE IN WRITING TO CEASE CONTACT BY TELEPHONE AT YOUR PLACE OF EMPLOYMENT, NO FURTHER SUCH CONTACT WILL BE MADE.

The letter also provided, in bold type-face:


This is an attempt to collect a debt. Any information obtained will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

She called them to ask about setting up a payment plan or something because we don't have the money to pay in full, at the guy got VERY rude, threatened to sue if she didn't pay the $2000 right away. She told him she didn't have that much money. He put her on hold, came back and magically the payoff had dropped to $1500. He said she could make two payments of $750 each. She had to send a posted dated check for 10/31 immediately. She said the checking account was in both our names and she couldn't do anything without talking to me. She already told him how much she made in salary, so he threw that in her face and said "you make XXX amount of dollars and you can't pay this? You have to ask your husband first? Why do you have to ask your husband a question before you make a decision?

He then proceeded to tell her that if she did not call them back by 8:00 am tomorrow, he would put this on her credit, and sue her for "way more than $2000.

He said this was on her credit for 5 years, but we ran her credit last night after we got the letter, and it's not on there.

I searched this lawyer and he has multiple civil suits against him, but I don't understand what they are for.
http://www.paed.uscourts.gov/documents/opinions/05D0479P.pdf

Plus, multiple links about this guy on credit boards:

http://creditboards.com/forums/lofiversion/index.php/t85531.html

Anyone have any ideas what to do? We want to pay it, but this guy seems VERY shady, and basically yelled and berated her on the phone.

[Scott D]

call at 8am tomorrow and tell him that he shall be receiving a nice fat legal summons. :)

[JohnnyMack]

Molotov Cocktails. Lots of 'em.

[mrowl]

call the original creditor, and see if you can work it out with them, and tell that ****** to f off.

[Sooner_Bob]

Has she contacted the original creditor yet?

[crawfish]

He's full of ****. He's just trying to intimidate her into paying. Look at it this way: why would they pay a law firm 10 times what is owed to collect a larger amount when she can't afford to pay the original amount? It would be stupid.

I'm not even sure they can do so legally.

The right thing to do is pay it back, but insist that either you set the terms (find an amount you can afford to pay) or they can put it on your credit. Don't let them bully you into more than you can afford.

[Sooner_Bob]

jinx!

[Scott D]

yeah what craw said. The one lawyer I had to deal with was receptive to my payment options and I paid a relatively low amount monthly to get it paid off. It seems to generally depend on who you deal with.

[TexasSooner01]

The chances of them actually suing you for a 2000.00 debt is highly unlikely. Most of those bill collectors are told to say and/or do anything to get you to pay the debt. Best thing to do is to call them back and ask to talk to someone else. Most of those firms have multiple people who answer phones.

Another thing you can try is to call the original card company. They might be able to verify that it was indeed passed or sold to the new guy.

Thanks to my ex husband....I got used to those type of situations.

[colleyvillesooner]

Has she contacted the original creditor yet?

No, we just got the letter in the mail yesterday.

Is that the best way to handle it. Set up a way to pay the original creditor?

[toast]

sounds like he has bought the account receivable (pennies on the dollar) and is trying to collect. I don't know what going back to the original creditor would do at this point, but I would certainly try that before giving this guy one cent.

[crawfish]

Also, keep in mind that the guy isn't from the credit card company or any legal firm - he's a low-paid employee of a credit recovery company who's paid to be unpleasant to people who owe money.

[mrowl]

Also, keep in mind that the guy isn't from the credit card company or any legal firm - he's a low-paid employee of a credit recovery company who's paid to be unpleasant to people who owe money.

and probably makes commission on how much he recovers

[colleyvillesooner]

yeah what craw said. The one lawyer I had to deal with was receptive to my payment options and I paid a relatively low amount monthly to get it paid off. It seems to generally depend on who you deal with.

Yeah. There are a TON of threads on this guy on creditboards.com (http://www.google.com/custom?domains=CREDITBOARDS.COM&q=laurence+hecker&sa=Search&sitesearch=creditboards.com&client=pub-6290044153964199&forid=1&ie=ISO-8859-1&oe=ISO-8859-1&cof=GALT%3A%23CC0033%3BGL%3A1%3BDIV%3A%23072A66%3B VLC%3A072A66%3BAH%3Acenter%3BBGC%3AF1F1F1%3BLBGC%3 AF1F1F1%3BALC%3ACC0033%3BLC%3ACC0033%3BT%3A072A66% 3BGFNT%3A0000FF%3BGIMP%3A0000FF%3BFORID%3A1%3B&hl=en)

Is there something I should send him to validate the debt. I see people saying they sent him a "DV" multiple times. What is that?

[crawfish]

No, we just got the letter in the mail yesterday.

Is that the best way to handle it. Set up a way to pay the original creditor?

Definitely. Refuse to deal with this guy and call the original company to set up terms. Some money > no money, so they WILL work with you, even clean up your credit after it's paid off if necessary.

[mrowl]

No, we just got the letter in the mail yesterday.

Is that the best way to handle it. Set up a way to pay the original creditor?

yes. they only want the debt paid, and will lose money if they have to pay the collection agency.

[Vaevictis]

Definitely. Refuse to deal with this guy and call the original company to set up terms. Some money > no money, so they WILL work with you, even clean up your credit after it's paid off if necessary.

Especially since, iirc, these guys often work on a rather large percentage commission.

[jk the sooner fan]

if you think these mega corporations wont sue you over 2000 you are dead wrong....they'll do it in a heartbeat on principle alone...they'll sue you over less

call the original creditor.....or call back the credit collector and ask to speak to a supervisor

[sanantoniosooner]

Mail a letter that says **** off, dip****.

[BajaOklahoma]

Why do you hate Lid?

[crawfish]

if you think these mega corporations wont sue you over 2000 you are dead wrong....they'll do it in a heartbeat on principle alone...they'll sue you over less

The chances of that are quite low. Not much use in suing somebody who can't afford $2000 for more money, you end up spending a fortune on attorney fees and force the person into bankruptcy.

[Sooner_Bob]

No, we just got the letter in the mail yesterday.

Is that the best way to handle it. Set up a way to pay the original creditor?


IMO, it is. Call 'em up and tell them you can settle it right now for $1200 or so and I'd bet they'd agree to it.

[sanantoniosooner]

Give me $500 and I'll take care of it for you.

[colleyvillesooner]

heh. The more I find on this guy, the more it looks like he's been sued multiple times. :D

[colleyvillesooner]

Also, how come this doesn't show up on her credit report? It's almost 6-7 years old.

[Mjcpr]

Does she have healthy kneecaps?

[jk the sooner fan]

The chances of that are quite low. Not much use in suing somebody who can't afford $2000 for more money, you end up spending a fortune on attorney fees and force the person into bankruptcy.

thats what judgements are for

i'm tellin ya, they'll do it

[Sooner_Bob]

Also, how come this doesn't show up on her credit report? It's almost 6-7 years old.


Isn't 6-7 years about the lifespan of "bad" credit stuff on most reports?

I'd think that if it wasn't paid it would still show up though.

[Veritas]

Don't pay a dime CVS. I got a fire burning here at work so I can't go into great deatail, but in a nutshell...

Only leverage they have is a) threat of lawsuit or b) threat of negative credit reporting.

Regarding a:
Look at Tejas debt collection code. The statue of limitations on sueing for unsecured debt is usually 3-6 years AFTER
1) the last payment
2) the last customer activity on the account

Regarding b:
The FCRA mandates that negative items be removed from your credit reports 7 years after
1) the last payment
2) the last activity on the account
3) the last time the account was reported delinquent

Basically they're running out of time. If they can talk J into making a payment, dependent upon Tejas law they may be able to "reset the clock" on the debt.

Research the following:
1) FCRA credit reporting "statute of limitations" (althought that's a misleading term for it) (Section 1681c (a)(4)
http://www.fair-credit-reporting.com/fair-credit-reporting-act/fair-credit-reporting-1681c.html
2) Tejas debt collection statutes, specifically the statute of limitations on unsecured debt

[Mjcpr]

Isn't 6-7 years about the lifespan of "bad" credit stuff on most reports?

I'd think that if it wasn't paid it would still show up though.

I would think so.....maybe the original card company probably sold it to this clown.

[John Kochtoston]

NOTE: I'M NOT A LAWYER. DON'T PUT ANY MORE CREDENCE INTO MY ADVICE THAN YOU WOULD WILLIAM SHATNER'S. TALK TO A REAL LAWYER BEFORE DOING ANYTHING!

That said, I, unfortunately, had to deal with a couple of these clowns a while back. One for a debt I owed, one for a debt I didn't.

It is against the law for anyone collecting a debt to harass you, use threating language, call at unreasonable hours, etc. They can't even threaten to sue you UNLESS they intend to follow up on it.

I would send a letter to the debt collector, asking them 1) to verify the debt 2) prove that they have the legal right to collect the debt (Amex gave them permission to collect the debt) and 3) that they not call you at work. If they can't verify the debt AND can't verify that they have the right to collect it, they can't pursue it legally. They also can't call you at work if you tell them not to, and they can't call you at all until and unless they verify the debt.

If they do verify the debt (to your satisfaction), send them another letter detailing YOUR proposed payment plan. Send a check for the first installment in the letter. If your plan is at all reasonable, they'll cash the check and, as long as you stick to the agreement, you won't hear from them again. They just want money. If you give them money, they're happy. If you don't stick to it, though, the chance of your being sued likely increases.

With the last payment, write FULL AND FINAL PAYMENT OF ACCOUNT NO. XXXXXXX in the memo line. Send them a letter with the check stating that this check completes your financial obligation to their company.

Keep everything they send you. Keep copies of everything you send them. Use registered mail. Don't deal with them over the phone (ignore them if you have Caller ID, if not, simply inform them that you've sent a letter to their office and hang up. Why? These people are NOTORIOUS for selling the same debt nore than once, and, even after you've paid it, someone else will call trying to collect it. Being able to prove you've paid the debt ends all discussion.

As mentioned elsewhere, you might try mailing the original creditor first, to see if they will work out an agreement.

AGAIN, TALK TO A LAWYER BEFORE YOU DO ANYTHING. I'M NOT A LAWYER. Things may have changed since I had to deal with this.

[Sooner_Bob]

What John said . . .

[mrowl]

Isn't 6-7 years about the lifespan of "bad" credit stuff on most reports?

I'd think that if it wasn't paid it would still show up though.

if its not showing up... than it must be past that point maybe...

[Mjcpr]

What John said . . .

To me, his suggestions sound shady, made up and not well thought out.

[Sooner_Bob]

To me, his suggestions sound shady, made up and not well thought out.


:confused:

[Mjcpr]

:confused:

Just being my usual self.....move along.

:D

[yermom]

if it's not on the credit report, i'd have a hard time believing anything they said

if they are *******s, and it's 6+ years old, i'm thinking the statute of limitations is close... **** them ;)

keeping everything written and not dealing with them on the phone sounds like a good plan

from lots of things i've heard, once you send the collection agency any money you are screwed, whether it's legitimate or not

[Sooner_Bob]

Just being my usual self.....move along.

:D


That's what I was thinking . . . buuuuut you never know. :pop:

[Sooner_Bob]

from lots of things i've heard, once you send the collection agency any money you are screwed, whether it's legitimate or not


I've heard the original creditor could still come back and sue even after you "settled" with the debt collector.

[John Kochtoston]

To me, his suggestions sound shady, made up and not well thought out.

Like I said, it worked for me, especially for the guy trying to collect a debt I didn't owe. YMMV. Talking to a lawyer would be cheaper than a $2200 judgment, so try that route.

[C&CDean]

Here's what you do:

1. Do not respond - in any way - to this latest collection notice.

2. Determine if the debt is legit (did the girlfriend actually incur the $2200 debt somewhere?).

3. If the debt is legit, she should contact the original lender and offer to pay it off. Sometimes the original lender will simply say "it's not in our file anymore, it's been sent to a collection agency." Especially after 6-7 years.

4. Paying a legit debt to the original lender is the right thing to do. If you blow it off, bad karma will hunt you down like a dog. Trust me.

5. Explain to your girlfriend that you don't play that ****, and she'd better not be jacking up credit cards, etc. or you're gonna dump her *** quicker than castor oil goes through a schoolboy.

6. Example of a situation where you shouldn't pay anybody ****: say her ex-hubby/boyfriend got hold of her card and charged some **** without her knowing about it. Legally, she's still responsible, morally, not so much. Remember this: do the morally right thing. In all situations. You will be rewarded multiple times over.

7. Ignore what 99% of these debt-dodging yahoos are telling you.

[sanantoniosooner]

and Mjcpr catches two fish with one post.

[John Kochtoston]

Here's what you do:


7. Ignore what 99% of these debt-dodging yahoos are telling you.

Dunno if that's a reference to me, but, I'm not telling anyone to dodge a debt that they rightfully owe. I paid my debts, and I think everyone else should as well. What I AM saying is that you should a) protect youself from unscrupulous debt collectors who will buy up a debt you've already paid and try to recollect b) protect yourself from someone not authorized to collect a debt (you pay them, and the rightful creditor can still come after you) and c) work to rectify a past mistake in a way that will not literally break your bank or cause undue stress.

[C&CDean]

And here I thought I clearly stated not to give this latest bozo the time of day.

Very clearly: DO NOT contact the latest bill collector. This also means don't send him any money, and if he happens to catch you when you're home you tell him to go **** his brother in the ***.

Very simply: DO try to contact the original debtor and make the situation right. It will NOT help your credit rating to do so. However, it WILL help your peace of mind and your future. Trust me.

[BeetDigger]

I would think so.....maybe the original card company probably sold it to this clown.


I am almost sure that this is what happened. This is common in consumer debt. Huge portfolios of this debt is sold off at auction and then the folks that buy it work on collections. They can sell it mutliple times. The initial debt is called primary, then 1st pass, 2nd pass and then tertiary. The value goes down each time. Much of the time, folks pay around 3 to 4 cents on the dollar. If they can collect 8 cents, then they double their money.

What doesn't make sense is why it has been 6 years. I would have thought that someone would have contacted her between then and now.

[BeetDigger]

2. Determine if the debt is legit (did the girlfriend actually incur the $2200 debt somewhere?).


A couple of wild nights at the male strip club?

[C&CDean]

What doesn't make sense is why it has been 6 years. I would have thought that someone would have contacted her between then and now.

I'm sure she has been contacted between then and now.

And FWIW, my wife continued to receive collection notices 11 years after her divorce from her first husband. Each time offering to settle for less than the previous time. Each time I told them to go **** their brother in the ***.

[yermom]

8. find some Mason jars...

[C&CDean]

8. find some Mason jars...
9. Dismember her body and bury her in them...

[GrapevineSooner]

Laurence Hecker. Been sued many times.

[colleyvillesooner]

I'm sure she has been contacted between then and now.

And FWIW, my wife continued to receive collection notices 11 years after her divorce from her first husband. Each time offering to settle for less than the previous time. Each time I told them to go **** their brother in the ***.

I think she had received letters about it in the past, but never from a collector like this.

The letter reads like this:
Creditor: Account Portfolio MGMT LLC
Original Creditor - ANB College Classic
New *******: Laurence A. Hecker, Attorney at Law.

I'm having trouble finding a phone number or ANYTHING for ANB College Classic.

She completely freaked cause they said if she doesn't call tomorrow and settle this out of court, they will take her to court. I'm trying to convince her that that's not gonna happen. Especially not tomorrow, since the letter is dates 10/6/06

[mrowl]

ANB = Amarillo National Bank?

the only reason I think it may be them is, I think one of my tuition loans was with ANB...

[C&CDean]

I think she had received letters about it in the past, but never from a collector like this.

The letter reads like this:
Creditor: Account Portfolio MGMT LLC
Original Creditor - ANB College Classic
New *******: Laurence A. Hecker, Attorney at Law.

I'm having trouble finding a phone number or ANYTHING for ANB College Classic.

She completely freaked cause they said if she doesn't call tomorrow and settle this out of court, they will take her to court. I'm trying to convince her that that's not gonna happen. Especially not tomorrow, since the letter is dates 10/6/06

Tell her Dean said they won't take her to court. Not tomorrow. Not next week. Not ever. The contested bill my wife had was for $17,000. She was threatened with "immediate legal action" about a brazillion times. Meh. $2200 simply ain't worth going to court over.

[colleyvillesooner]

I thought I would be able to find the original creditor on her credit report., but the only thing on there are 10 accounts in good standing (3 student loans that have been transferred 3 times and an American express card with no late payments. The only thing she had as a negative was $97 she disputed with Cingular, but we paid tat one off yesterday cause.

Shouldn't the account be listed somewhere on there?

[C&CDean]

I thought I would be able to find the original creditor on her credit report., but the only thing on there are 10 accounts in good standing (3 student loans that have been transferred 3 times and an American express card with no late payments. The only thing she had as a negative was $97 she disputed with Cingular, but we paid tat one off yesterday cause.

Shouldn't the account be listed somewhere on there?

If you feel comfortable that you've done all you can do to track down the original debtor (and honestly, I'm thinking the girlfriend could probably remember who the hell she owed $2200 to don't ya think?) then you turn it loose. Out of mind.

[Hatfield]

Don't pay a dime CVS. I got a fire burning here at work so I can't go into great deatail, but in a nutshell...

Only leverage they have is a) threat of lawsuit or b) threat of negative credit reporting.

Regarding a:
Look at Tejas debt collection code. The statue of limitations on sueing for unsecured debt is usually 3-6 years AFTER
1) the last payment
2) the last customer activity on the account

Regarding b:
The FCRA mandates that negative items be removed from your credit reports 7 years after
1) the last payment
2) the last activity on the account
3) the last time the account was reported delinquent

Basically they're running out of time. If they can talk J into making a payment, dependent upon Tejas law they may be able to "reset the clock" on the debt.

Research the following:
1) FCRA credit reporting "statute of limitations" (althought that's a misleading term for it) (Section 1681c (a)(4)
http://www.fair-credit-reporting.com/fair-credit-reporting-act/fair-credit-reporting-1681c.html
2) Tejas debt collection statutes, specifically the statute of limitations on unsecured debt

this really is the answer.

and all this contacting the original creditor talk will get you nowhere, since they have sold that account.

secondly...listen to veritas he is speaking the truth. don't admit to anything, don't agree to pay anything, go on with your life

[colleyvillesooner]

ANB = Amarillo National Bank?

the only reason I think it may be them is, I think one of my tuition loans was with ANB...

I tried looking up the account number in the letter on their site and it wasn't found.

[OUinFLA]

I'd make sure that ANB is not these people.
If it is, I think you should pay it asap.

http://65.36.132.102/merchant2/graphics/00000002/themobsguys.jpg

[colleyvillesooner]

I'd make sure that ANB is not these people.
If it is, I think you should pay it asap.

http://images.amazon.com/images/P/1589395522.01._BO2,204,203,200_PIsitb-dp-500-

No, the letter says they represent Account Portforlio Mgmt inc, who was the second creditor. The original creditor is ANB College Classic.

[olevetonahill]

Dean and Veritas speak the truth ignore this azzhole .
here in OK the limitaion period is 2 yrs on unsecured debt . it may be 3 there .
As far as paying the origanal debt , they have written that off yrs ago and then sold the debt to these azzholes
dont tell em **** off dip**** , like Dean said dont respond . if you feel morally responsible you can track down the orginal holder and make an offer of settlement . Its not on her credit report now it wont be next month either :cool:

[TUSooner]

Whatever you do, do NOT call the lawyer's office !!

ooh

:O

[Penguin]

Are we seriously talking about a 6 year old debt?

Do you really have to pay it back? I thought bad stuff only stayed on your credit for 3 years.

I would consider not paying it back. The credit "hit" may have already come and gone. But, you (or your friend) has to look at him/herself in the mirror every morning and realize that he/she welshed on a debt.


Of course, I'm no credit expert.

[handcrafted]

Legally, if the statute of limitations has run, then you no longer owe the money. In fact, the original creditor may not even accept it from you, because they will have no way to account for it. They would just send it back to your, or more probably, someone at the bank will just pocket your money. It's not immoral to not pay a debt that you no longer legally owe. That's the whole point of statutes of limitations. Keeps the banks from sitting on their azzes until they are short on cash, then selling all their bad accounts. It's perfectly legit for a creditor to just let an account lapse and forgive the debt rather than expend resources on such a small amount. And yes, $2200 is chicken feed.

As far as the collection "lawyer" goes, send him a letter disputing the debt, then talk to a consumer credit attorney where you live, and/or your state agency which deals with these issues (it might be your Attorney General's office). It will cost a filing fee, but a nice lawsuit against Hecker for consumer credit fraud might make him go away and bother someone else.

Obligatory relevant Bible passage:

At the end of every seven years you shall grant a release. And this is the manner of the release: every creditor shall release what he has lent to his neighbor. He shall not exact it of his neighbor, his brother, because the Lord's release has been proclaimed.
-Deuteronomy 15:1-2