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

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.

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.

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Quoting Mr. Knowitall

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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.

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

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.

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Quoting rebeka

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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.

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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.

You charged the items and so you owe the money. They're a business and expect to be paid. They can't afford to give anyone a break-that's not how they make money. Did you cancel your cable TV? I find it hard to believe that you couldn't spare even $10/month for them. They are/were willing to work with them and it sounds like you blew them off so now they're coming after you. It was your responsibility.

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.

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Quoting Conrad Hunter

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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.

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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...

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

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Quoting Conrad Hunter

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

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

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Quoting Conrad Hunter

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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.

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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.

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Quoting Conrad Hunter

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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.

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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.

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Quoting Conrad Hunter

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

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

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Quoting Conrad Hunter

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

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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.

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?

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.

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.

You are so past the debt validation game that it's not even funny. You've been sued. Meet the process server, be served, answer the complaint and go from there. Expect them to get a judgment and if you don't pay it to their satisfaction, then expect to have your wages garnished.

Hunt and Henriques does this in their sleep. It's all they do.

Oh.
I just read your last reply.

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Quoting heyjoojoo

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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.

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You should have not incurred the debt ...

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Quoting CourtClerk

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You are so past the debt validation game that it's not even funny. You've been sued. Meet the process server, be served, answer the complaint and go from there. Expect them to get a judgment and if you don't pay it to their satisfaction, then expect to have your wages garnished.

Hunt and Henriques does this in their sleep. It's all they do.

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Just a couple of days ago, they were going to setup a payment plan with me. They would do this while they're suing me??

Yes... They could.

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Quoting df04527

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Yes... They could.

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Huh? So, is it too late for me to do anything?

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Quoting heyjoojoo

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Just a couple of days ago, they were going to setup a payment plan with me. They would do this while they're suing me??

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Absolutely. That way, if you don't follow through with your voluntary payment plan, they can take the money from you INVOLUNTARILY without further delay. It's actually very smart to do it that way.

May I ask this: Why are they going to your mothers house?

- Do you live with her?
- Did you use her address?

I do live with her. But not sure how they located that since that was only a recent change.

If parents are local, that's probably the second place they will try to find you, if your first address didn't work out. Don't be scared of the process server, especially if you are planning to work it out with them. If i'm getting served with court documents, I'd rather get served at home than at my new job or something.

It's basically laying the groundwork, if you settle with them, it will likely never go to court. Just because you are being sued doesn't meant you are definitely going in front of a judge.

From page one of this thread, imo Conrad is partially correct. A 3rd party has purchased the debt, but in addition to having no moral obligation to pay a third party you have absolutely no legal obligation either. I am assuming you have no contract for repayment with the third party, and if that be the case you (legally) don't owe them anything! When "they" have contacted me in the past, I simple thank them for paying off the debt, followed by telling them to go away permanently because "we" have no contract in place for repayment. About that time they hang up on me. lol

If anyone from a collections agency ever came on my property without an invitation, I would give them a simple choice: either leave immediately or I'm calling the cops for harassment and trespass.

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Quoting My name is Pete

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A 3rd party has purchased the debt, but in addition to having no moral obligation to pay a third party you have absolutely no legal obligation either.

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That is not correct.

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Quoting My name is Pete

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I am assuming you have no contract for repayment with the third party, and if that be the case you (legally) don't owe them anything!

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Again, not correct.

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Quoting My name is Pete

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When "they" have contacted me in the past, I simple thank them for paying off the debt, followed by telling them to go away permanently because "we" have no contract in place for repayment. About that time they hang up on me. lol

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There's nothing to point to trying to argue with somebody who doesn't understand the law.

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Quoting My name is Pete

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If anyone from a collections agency ever came on my property without an invitation, I would give them a simple choice: either leave immediately or I'm calling the cops for harassment and trespass.

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If it's a process server, though - even assuming the process server isn't a court officer or deputy - once you're served, you're served.

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Quoting aaron

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That is not correct.

Again, not correct.

There's nothing to point to trying to argue with somebody who doesn't understand the law.

If it's a process server, though - even assuming the process server isn't a court officer or deputy - once you're served, you're served.

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Ok, you've done tremendous fault finding but you have not stated why I am wrong. I encourage for you to voice your opinion of why you feel I am wrong, afterwards, if need be, I will clearly explain to you why I am not wrong. What I have stated is not theory, I have actually done it myself.

And once one is served thru a process server in a civil suit, there is a way to legally "unserve" (for lack of a better word) oneself.

"It is a common and accepted business practice in the United States for credit grantors to sell delinquent consumer accounts."

Next time, before demanding that we spend time refuting your ignorant, false claims, perhaps you could contemplate why you are unable provide any legal authority in support of your own claims. If you only post claims that you can actually support, on the whole that should save time for everybody.