3 ms·
Is it too late to contact the debt collection companies and try to work something out? No. If they're debt collection companies and the debts are 4 to 5 years
by patio11 14y ago
Is it too late to contact the debt collection companies and try to work something out?
No. If they're debt collection companies and the debts are 4 to 5 years old, your $5k debt cost them less than $200 to acquire. I would say something like "Look, I'm unemployed and looking at several different companies who all want more money than I have. I'm making this same offer to three credit card companies this week: $1k paid immediately in return for full satisfaction of this debt. I will understand if you feel the need to reject that offer and sue me, but I have no assets. This represents the best deal you're going to get."
Do this negotiation entirely on paper, delivered in the postal mail, with return receipt requested. Don't talk to anyone on the phone for longer than it takes to say "What is your postal address?" Your first letter to each company should include language similar to "It is inconvenient for me to receive debt collection communications via telephone or any other means but postal mail. This letter constitutes written notice under the Fair Debt Collection Practices Act that you are not to contact me about this matter via any method other than the postal mail."
Our overarching strategy here is avoiding having folks sue you (n.b. the process server is in play because someone is already suing you, and merely ducking him will not make that impossible -- they'll just put a notice in the newspaper and the judge will certify "service accomplished by public notice"), because you'll probably not go to court in time to contest and if you do contest you'll likely lose (you do, after all, owe this money). You will then have a default judgment entered against you, for the entire sum you borrowed plus interest plus collection costs and legal fees. This will likely be more than double the amount you think you owe. The debt collection agency will then begin contacting every bank/etc in the area to see if you have an account and then seize the contents to satisfy the judgement. If they don't recover 100%, they will petition -- and receive -- a court order to garnish your wages for the next several years until that amount is satisfied.
This process will be stressful and costly for you. It is highly in your advantage to avoid it. Ignoring it will NOT make it go away.
I can probably swing a 1k down payment and the rest over monthly payments for a year to a year and a half.
I would suggest that you be Very Darn Sure (TM) that you can actually handle this this time, because if you get to month 7 on one of those agreements and then miss a payment by even a day, you're in a situation which will be in every possible way worse than the situation you are in today. You should strongly prefer paying part of your debt today in full satisfaction versus a payment plan. They will suggest payment plans, because that gets them some money and because probabalisticly you like virtually all other debtors will default on that payment plan, after which point collection costs will inflate the debt to a number at least as large as the number they are claiming now.
There's also the additional issue that I may have exaggerated my freelance income somewhat on the applications.
I am not a lawyer, but to the extent that you trust me: you have nothing to worry about with regards to this.
- ThrowawayTheDay 14y agoI made this comment below but it was kind of buried, so I just wanted to say again thanks so much to everyone for your assistance here. This has been incredibly useful, and I'm already feeling much more optimistic about the situation.
- jason_slack 14y agoif I could upvote this +1000. I am in the US and this is great advice for handling this. Also, they may threaten you with all sorts of stuff (like taking your furniture, car, etc). This is illegal to do and COMPLETE scare tactic. Tell them to come and try it. They will also tell you that they cannot accept payments. Hold strong and tell them that is the only way you can make it work. Also, if you need some time to get this underway request 'original proof of debt'. This takes them a bit of time to get to you. You are entitled to it and gives you some breathing space to get ducks in a row.
- sethev 14y agoOffering less to settle the debt in full is an excellent suggestion. As patio11 pointed out they probably bought this debt for very little. One thing to remember, though: you're dealing with bottom feeders here so get any deal in writing before you send any money and never give them electronic access to your account or they'll clean you out. Also once you've got the written agreement make sure you save it forever. Debt collectors resell debts all the time and you're just one line in a big spreadsheet - very easy to accidentally end up in the wrong file. If someone else turns up trying to collect this debt you'll want to have proof that it's been settled.
- HeyLaughingBoy 14y agoI'm not a lawyer either, but I am married to a former debt collector and I agree with what patio11 said. The first thing you should do is deal with the lawsuit that's already underway. Contact who's suing you and offer a settlement. Make sure you get a written notice of debt discharge and keep the settlement papers forever. Most debt collectors are just ordinary people doing an unpleasant, high-pressure job. Yeah, I know some of them can be assholes, but that's life. The good ones can be very professional until you really piss them off. Be polite to the people you talk to. First, ask to be mailed proof of debt. If they can't provide this, then they don't have a leg to stand on in court. Make it clear that you simply can't pay the entire amount owed. They would rather settle for a smaller one-time amount than have to sue and then deal with the difficulties of collection (lots of people who owe money will change jobs frequently to avoid garnishments, don't have any assets in their name, etc.). Negotiate: don't take the first number they offer and don't take a deal you can't live with. In the end it's just money; you won't go to jail, it doesn't make you a bad person, it was a business venture gone bad and now you need to clean up the loose ends. It might be a good idea to join one of the online debtor's forums to see how some people handle it. Trust me, you have lots of company, especially after the last few years of this economy.