Can I do anything about this collection agency?

Question

We broke a lease bc i got pregnant and we needed more room in a better area and they somehow added up 2300 dollars we owe. They sold it to Hunter Warfield and they called to make a settlement of 62% ($1475). I agreed if they would simply fax a letter stating the settlement amount so I dont get screwed over. They said I needed to fax a request for the letter and when I didnt send one back or answer the phone for the rest of the day (called at 430, open till 6). The next day they call and say they didnt recieve the fax in time to get it approved and they cant fax me my letter until monday BUT I have to pay today or else my settlement is off the table. I said I wasnt paying before I got it in writing and they said that they will tell their client to go ahead with criminal proceedings and that our wages can be garnished.

I want to get this cleared up, but they wont cooperate with a simple request. I know they broke a rule or two like calling before 8 am, and probably threatening with

Answer 1

Tell them either they go by your terms or you'll spend the settlement they offered to a bankruptcy attorney. If they fax the settlement and extend the date , make sure you send a money order, not a check

Answer 2

First, the "criminal proceedings" threat is bogus as the act of getting into debt is not a crime.

Debt collectors cannot take your firstborn child, nor can they send the police to your residence to have your arrested for not paying them. Debt collectors cannot be abusive and they cannot pretend to be (or work for) attorneys when this is not the case. Anytime a debt collector threatens legal action, per the Fair Debt Collection Practices Act, you have the right to speak with their [alleged] attorney. Request to know the attorney's full name and his/her license # in the state bar association.

Debt collectors cannot garnish wages at the drop of a hat...They have to serve you a summons and on the appointed court date they have to win....only then could wages be garnished or checking accounts frozen.

You are right to insist on written terms FIRST....if you don't get the terms in writing first prior to paying, there would be no stopping them from coming after you for the remaining balance after they got your money....

Be polite but firm with them.

Answer 3

Check out FTC's (Federal Trade Commission) website.  Know your rights.  Below are excerpts from the FTC.  Good luck.

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How may a debt collector contact you?

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Can you stop a debt collector from contacting you?

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.