Could the collection agency be calling a bluff part 2?

Question

I have another question, the collection agency bought my account from the original creditor who had a judgement against me. This collection agency renewed the judgment in 2006 so would there be any need for them to file court paperwork again? They said that it would be a hearing of my assets. Another thing that's puzzling is that with my research as well as legal advise I've become familiar with consumer rights that the agency is now questioning. Yesterday the rep hinted that he'd heard I'd spoken to an attorney which I assumed was an assumption based off of questions I've asked as well as facts stated. The stronger I've come at them the more they're starting to question. I want to pay the debt because it's less than $500, but they've added $300 worth of legal fees that they won't reduce or settle with me on.

Answer 1

I've worked with alot of collection agencys, and that old saying something like you get more with honey than vinigar or whatever plays true, if you are rude to an agent, they will not work with you, if you are decent you will get further.  The best approach I have come up with is to bluff and say you've worked in collections this makes them think you know the game.  Tell them you know they have purchased this debt for pennys on the dollar (Like .05 for every $100) and tell them even settling at a 50% discount, they are making out.  Tell them you are about to file bankrupcy and they can have nothing, or you will settle for an amount YOU choose.  They will put you on hold, come back and say they cant and come back with another high offer.  This is their bluff to you.  Dont accept it, tell them that is all you have and are holding firm.  Call back about 3 days later and you might find they are willing to work now, have them send you something in writing BEFORE paying anything and ask their customer care that you want the collection agencys trade line removed on payment, they will all say they cant, this is a HUGE lie.  I havent found a good way to get past this, but good luck.

Answer 2

Having an attorney represent you is going to cost between $500.00 and $1,000.00 dollars up front, and it won't help much.

If you already have a judgement against you...I don't understand what basis a different collection agency is coming after you. Other than ignorance on thier part, which it probably is...

If they take you to small claims court...you could sue them after the fact.

If you choose to fight them....from the first contact:

Do not talk to any collection agency trying to collect a debt. Do not send them ANY money...no matter how small. Do not acknowledge that the debt is yours. Do not correspond with them. They have bought an account number with name and a social security number in a database. They do not have any copy of a contract that may have exsisted in the past. Go to court if you get a summons. Tell the judge that you never heard of this debt before and deny any knowledge about it. They have no evidence that you ever did. By talking with them...they are pumping you get information to confirm the debt. If you send them any money...you are confirming the debt. Deny everything...the judge with throw the case out...and they with probably never show up to court anyways. Thats how they work. They actually prey on lazy people that won't show up in court and the judge sides with the debt collectors and gives them an automatic judgement against you.

Answer 3

pay it for your sake - your credit is already blown enough...

they are doing what they can - tacking on more charges for the cost of collecting from you.

don't be a dead-beat - pay up.

Answer 4

If they already have a judgment against you, you have a whole different set of rules than if they were just trying to collect an old debt.  They can take that judgment and attach your bank account, garnish your wages, and lien your property.  The asset hearing they are dragging you to is just a court ordered requirement for you to provide your assets so they can attach 'em.

They are entitled to additional legal fees and whatever the interest rate is on judgments in your state.  $300 isn't an excessive amount.

True they probably purchase the judgment from the other collection agency at a big discount but they have no incentive to settle for less.

Stop talking to them on the phone.  Send them a letter indicating that you are willing to pay $500 to expedite settlement.  Request that an authorized agent of the collection agency sign a copy of your letter indicating agreement to settle in full for a lump sum $500 payment.  Put lines at the bottom of your letter for signature, date, and print name.  When you receive the signed agreement, send them payment via money order.

If they don't respond, wait and let them take you to court.  Be prepared to pay the whole $800 at the court date.  There is something fishy about how they refuse to send you anything in writing.  You may even want to contact the collection agency who got the judgment in the first place to see if they have actually sold it off to this company.

Answer 5

make them show you PROOF in WRITING that it is your DEBT. If they can't tell them to take a flying leap

Answer 6

Check the copy of the judgement and see if that $300 they added is legal. Every state has different interest rates allowed on judgements, and the judge can award some, all, or none of that interest.

Answer 7

no..they aren't calling bluff...they are accruing interest which is totally legal..the sooner you pay the better off you'll be..that $300 will soon be $500 be $800!