4 ms·

Thank you very much for this. This is exactly what I was looking for. Really appreciate it.

by help_with_debt 16y ago

patio11 16y ago
Any time. Thanks for visiting the US, come back soon.
- malandrew 16y ago
  You sir are awesome. I am in a similar situation and this information is very useful. Out of curiosity, assuming I follow your advice to settle my debts, how would I go back to the US and re-establish a life there. Would following the above advice constitute "bankruptcy" or would it simply result in negative comments on my credit rating? If it would just result in negative comments on my credit rating, how long would they stay there? Apart from securing a mortgage, car loan or credit cards, what other consequences would I suffer upon my return to the US? What would I be unable to do? Would it impact employment prospects? If the credit collection agency violates federal law by claiming that they have ties back to immigration, what recourse do I have to file a complaint against them?
  - patio11 16y ago
    No. If you go through bankruptcy, trust me, you'll know it. There will be a judge involved and a fairly involved litigation process. This will not result in any marginal negative comments on your credit reports. You've already earned those by dint of not paying your bills as agreed. There is no special box which they can check to say "He knows how to cite the FDCPA. Ding his credit harder!" Accurate negative information can stay on your credit report for up to seven years from date of first delinquency, ten years for bankruptcies if I remember correctly. Credit reports are increasingly used to vet prospects for jobs in the United States, and for some insurance purposes. Being delinquent on a single obligation is not exactly outside the mainstream of the American experience. If a credit collection agency violates federal law by claiming they have ties to immigration, let's see: a) You are talking to them on the phone. You should never, ever talk to creditors on the phone. If they call you, the most you should ever do is ask for their postal address, and then you send them a letter mentioning the FDCPA and instructing them to never call you. If you legitimately owe them, obviously, you should pay them, but handle all negotiation on paper. Almost all abuse of debtors happens on the phone, because it does not leave a paper trail. b) Document the threat, immediately. At the very least, write down in a journal who said it (get a name or desk number), when, and what the exact contents of the threat was. c) You have a couple of options at this point. The easy option is to write them a letter politely informing them that you are aware of your rights, that they have threatened you in violation of the FDCPA, and that instituting legal action against you will turn into a very expensive proposition for them. The less easy but fairly straightforward option is to go to any US court of competent jurisdiction -- your local small claims court works -- and sue them under the FDCPA for making prohibited statements in collection of a debt, namely, falsely alleging legal consequences which do not exist and falsely claiming affiliation with a government organization. You will win. Damages are $1,000 per incident, and your debt stands a good chance of being voided in the bargain. You are highly likely to have additional legal claims against them based on state consumer protection statutes, torts like fraud, etc. Speak to a lawyer if you want the details. You can also speak to your state's consumer protection or Attorney General's office. They're fairly big on these things. For these and other questions, I recommend the Motley Fool forums, Credit Cards & Consumer Debt forum in specific.

Thank you very much for this. This is exactly what I was looking for. Really appreciate it.

patio11 16y ago

Any time. Thanks for visiting the US, come back soon.

malandrew 16y ago
You sir are awesome. I am in a similar situation and this information is very useful. Out of curiosity, assuming I follow your advice to settle my debts, how would I go back to the US and re-establish a life there. Would following the above advice constitute "bankruptcy" or would it simply result in negative comments on my credit rating? If it would just result in negative comments on my credit rating, how long would they stay there? Apart from securing a mortgage, car loan or credit cards, what other consequences would I suffer upon my return to the US? What would I be unable to do? Would it impact employment prospects? If the credit collection agency violates federal law by claiming that they have ties back to immigration, what recourse do I have to file a complaint against them?
- patio11 16y ago
  No. If you go through bankruptcy, trust me, you'll know it. There will be a judge involved and a fairly involved litigation process. This will not result in any marginal negative comments on your credit reports. You've already earned those by dint of not paying your bills as agreed. There is no special box which they can check to say "He knows how to cite the FDCPA. Ding his credit harder!" Accurate negative information can stay on your credit report for up to seven years from date of first delinquency, ten years for bankruptcies if I remember correctly. Credit reports are increasingly used to vet prospects for jobs in the United States, and for some insurance purposes. Being delinquent on a single obligation is not exactly outside the mainstream of the American experience. If a credit collection agency violates federal law by claiming they have ties to immigration, let's see: a) You are talking to them on the phone. You should never, ever talk to creditors on the phone. If they call you, the most you should ever do is ask for their postal address, and then you send them a letter mentioning the FDCPA and instructing them to never call you. If you legitimately owe them, obviously, you should pay them, but handle all negotiation on paper. Almost all abuse of debtors happens on the phone, because it does not leave a paper trail. b) Document the threat, immediately. At the very least, write down in a journal who said it (get a name or desk number), when, and what the exact contents of the threat was. c) You have a couple of options at this point. The easy option is to write them a letter politely informing them that you are aware of your rights, that they have threatened you in violation of the FDCPA, and that instituting legal action against you will turn into a very expensive proposition for them. The less easy but fairly straightforward option is to go to any US court of competent jurisdiction -- your local small claims court works -- and sue them under the FDCPA for making prohibited statements in collection of a debt, namely, falsely alleging legal consequences which do not exist and falsely claiming affiliation with a government organization. You will win. Damages are $1,000 per incident, and your debt stands a good chance of being voided in the bargain. You are highly likely to have additional legal claims against them based on state consumer protection statutes, torts like fraud, etc. Speak to a lawyer if you want the details. You can also speak to your state's consumer protection or Attorney General's office. They're fairly big on these things. For these and other questions, I recommend the Motley Fool forums, Credit Cards & Consumer Debt forum in specific.