Got a Letter from a "Firm", Now Someone Coming to Mother's Home

[heyjoojoo]

My question involves collection proceedings in the State of: California, Sacramento

I received a letter a couple of months ago regarding a credit card debt with Capital One. I've been a good customer with them until I was laid off a few years ago. The bill ($2300) has gone to a collection agency Portfolio Recovery and I believe Hunt and Henriques Law Firm has now sent me a letter. They have indicated in the letter that I can make payment arrangements. I haven't started this yet because they want checking account info which I'm not willing to give. I may do money order. They don't take debit/credit cards over the phone. My question is that now someone has been coming to my house. Once during the day and one time at about 8:20pm. I've never been home to see them - only my mother. I'm assuming he is a debt collector? He said he cant share any info with my mother. Not sure what it is. Someone else told me it could be a process server?

I'm a bit afraid to make contact with this individual because I'm not sure what verbal exchange should take place.

[Mr. Knowitall]

It sounds more likely that you've been sued and they're trying to serve legal papers. I haven't seen or spoken to the person at issue, so I can only guess.

[heyjoojoo]

It sounds more likely that you've been sued and they're trying to serve legal papers. I haven't seen or spoken to the person at issue, so I can only guess.

Huh? They sue people who've been laid off? What the heck?!

[heyjoojoo]

Of course they sue people who have been laid off. You owe them money which you have not been paying back. You had numerous chances to make payment arrangements and now they're taking you to court. If they win they will be able to garnish your wages from your next job.

Yes, I've had chances but one cannot make payments if they're not making an income. I just got a job three weeks ago. So, despite being given numerous chances, if an individual is unable to get a job, then what is a person to do? I almost lost my car but thanks to a credit union, they were more forgiving.

[Conrad Hunter]

The businesses where you bought things have been paid.

The credit card company has already charged off the amount and used it to reduce their taxes.

A third party has purchased the debt. You do not morally owe that third party anything and it is not going to help your credit in any case.

The third party debt collector does not care if you were laid off or whatever. However, tell them you are judgment proof and they are likely to go away.

If you pay one cent, that restarts the statute of limitations on the debt.

This is a legal forum, not one for moral pontificating, especially on the behalf of debt collectors.

Anyone showing up at the door or going to your mother's house is an illegal collection tactic. I would file a complaint, tell them to stop their illegal conduct and never give them a flipping dime.

[heyjoojoo]

The businesses where you bought things have been paid.

The credit card company has already charged off the amount and used it to reduce their taxes.

A third party has purchased the debt. You do not morally owe that third party anything and it is not going to help your credit in any case.

The third party debt collector does not care if you were laid off or whatever. However, tell them you are judgment proof and they are likely to go away.

If you pay one cent, that restarts the statute of limitations on the debt.

This is a legal forum, not one for moral pontificating, especially on the behalf of debt collectors.

Anyone showing up at the door or going to your mother's house is an illegal collection tactic. I would file a complaint, tell them to stop their illegal conduct and never give them a flipping dime.

Thanks so much Conrad. I appreciate your post.

In searching my local courts, it looks like it was Portfolio Recovery Associates who filed with Sacramento. It showed a date of 5/12/2012 but there is no court date. I was surprised that they would do this but also be willing to take my money when I called them last week to workout a payment plan. I changed my mind when they wanted only checking account information.

When he comes again, I need to say something to him that I want judgment proof? Not clear what that means...

[Mr. Knowitall]

Conrad, when you make stuff up and post nonsense, you don't help anybody.

The credit card company has already charged off the amount and used it to reduce their taxes.

Even if true that has absolutely no relevance to the enforceability of the debt.

A third party has purchased the debt. You do not morally owe that third party anything and it is not going to help your credit in any case.

You can preach all you want about "moral" obligations. The fact is debts can be assigned, and if somebody has bought the debt and it has not yet expired they can legally enforce the debt.

The third party debt collector does not care if you were laid off or whatever. However, tell them you are judgment proof and they are likely to go away.

Creditors are apt to want a debtor to prove that he's not collectable - they don't just take the debtor's word - and even then they're unlikely to just "go away" as opposed to proposing a partial payoff or payment plan.

This is a legal forum, not one for moral pontificating, especially on the behalf of debt collectors.

And yet there you are, preaching about the morality of repaying debts.

Anyone showing up at the door or going to your mother's house is an illegal collection tactic.

If you believe that process servers cannot attempt service at addresses where you may live or have previously lived, you're once again dead wrong.

[heyjoojoo]

Mr. KnowItAll,

The point that Conrad made about pontificating is a good one; some of the posters here made judgmental calls which I could do without. And since the forum is here to help people, these kinds of comments would serve no purpose, nor did they contribute to the conversation in a way that could prove helpful to those seeking help. So, in this regard, I'm okay with what Conrad said.

In any case, I welcome suggestions on where I need to take things next. Start a letter of debt validation? Meet with this visitor?

[Mr. Knowitall]

This forum is about providing accurate legal information. A lecture about the morality of paying bills is quite obviously an expression of opinion. Conrad can state whatever opposing opinion he wants (although opinions belong in the banter or debate forums). The problem is that he made (and makes) numerous incorrect statements of law. If he doesn't know what the law is, he needs to leave the answering to people who understand what they're talking about.

I doubt that you are within 30 days of your first notice from this collector but if you are, by all means, exercise your right to verification under the FDCPA. If you believe the plaintiff's lawyer may be receptive to negotiating over your debt, there's no reason not to attempt to negotiate. If you plan to say, "I can't and won't pay a cent," I don't expect negotiations to last much longer than the time it takes you to make that statement.

[df04527]

I was just going to jump on the same bandwagon as KnowItAll. You need to go somewhere else Conrad. They DO morally owe the debt.

OP it is a process server i bet. Nothing to be afraid of they will just hand you paperwork and you sign for it.