So debt collectrols are threatening my parents if they file bankrupcty!

[liberalhistorian]

Those of you who know me here know exactly how I feel about the bloodsucking, vulture, ice-for-blood, useless, worthless, heartless debt collectrols, especially the medical bill collectors (and those of you who don't know me know how I feel now, lol!)I've written before about my "experiences" with them. But now they've gone too goddamn far.

My mom and stepdad are 63 and 61, respectively. It is suspected that my stepdad, at 61, has early Alzheimer's. He retired from teaching a couple of years ago because of that. My mom is a retired teacher also. Last January the state teacher's retirement system raised their health insurance premium by almost EIGHT HUNDRED DOLLARS, taking a substantial bite out of their monthly retirement money and causing them to fall seriously behind on all of their bills, especially the mortgage (at the same time the costs have been raised, what they actually cover has gone down, so that they're paying a lot more for a lot less. But hey, as long as the doctors and hospital CEO's have their mansions and Lexuses, they don't give a shit.) They have always been responsible with money and paid their bills on time, and it's killing them that they can't do it right now. My mom is looking for a full-time job; there's no way my stepdad can work in his condition.

So, as you can imagine, the debt collectrolls are circling like vultures. Every fucking day they get at least 15 calls from these fuckers, some of them several times a day, and they always leave lengthy messages. They're getting letters threatening lawsuits, which is really bothering my mom because, like I said, they've never had to deal with this before, they've always been able to pay their bills and they don't like being in debt. My mom is seriously considering filing for bankruptcy, because that's the only way to keep from losing all they have. Collectrolls are actually threatening them on the phone, saying they "can take everything."

Well, the word "bankruptcy" to collectrolls, who make their money off of the misery and misfortune of others, is like waving a red cape in front of a bull. Since they won't get any money from that, they try to discourage people from filing bankruptcy. Well, the last straw was when they started threatening my mom if she did file bankruptcy, saying they'd make things very difficult for her. What REALLY pisses me off is that, like I said, they've always been responsible and paid bills on time. Apparently, that doesn't count for shit. And another thing that gets me is that they demand full payment of bills if you aren't able to make scheduled payments. If you can't make the fucking minimum payments, what the fuck makes them think you can pay the full amounts due???????????????????????

But what these fucks don't know is that I'm a paralegal who happens to know all about debt collection law and bankruptcy, so I got on the phone with them and told them off good, that I knew they were full of shit and I knew debtor's rights, etc., etc. GRRRRRR! The fucking NERVE of these fucks!!!!!!!!!!!!!:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :puke: :puke: :puke: :puke: :puke: :puke: :puke: :puke: :puke: :puke: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:

[ayeshahaqqiqa]

1. Good for you

too many people don't know their rights. Around here, I know of folks who pay a little each month, sometimes only 5 bucks. But as long as they keep paying, the doctors can't do a thing about it.

BTW, not all doctors are into money. My MD works part time at another doctor's office so she can afford to keep up her nonprofit foundation and clinic. She practices integrative medicine, and is on the cutting edge of new treatments. She lets folks pay off their bills not only with money but also by trading work for treatment, which I think is totally cool.

She will never live in a mansion or own a luxury car, but in my book, she is a wealthy woman because of she understands the true value of helping others.

[liberalhistorian]

9. Good for your doctor,

I know it isn't easy on her but she's a truly humane example of what a doctor should be. And you're right, she is truly wealthy. I only wish more doctors were like that.

[MikeG]

2. They can file Chapter 7 if they have less than $35K equity in their home.

They should see a lawyer.

Most give free consultations.

[liberalhistorian]

10. I'm not sure how much equity they have,

but they did refinance about five years ago, so it's probably not that much, if any. And I'm trying to get them to see a local bankruptcy lawyer who takes payments on installments instead of requiring it all up front, like a lot of them do; this attorney is also very good.

[NightTrain]

20. I paid off my bankruptcy lawyer in installments.

Though I fully understand why your parents would be against filing for bankruptcy, it sounds like it might be their only salvation right now.

[hickman1937]

3. Have they tried credit counseling?

that might be a stupid question. I was in credit counseling from 97 till 2000. It helped me a lot. but then that elitist assho** got selected and overnight my laborously built credit was shot. But it sounds like their credit is shot anyway, and the agency's do get the calls stopped.

[liberalhistorian]

11. At this point, I'm not sure if

credit counseling would help, since they owe a lot more than what they can pay. And why does it take forever to build up good credit and just a few months of slow payments to ruin it? That's always pissed me off.

[Yavin4]

4. They Should Definitely File

It will make their lives a lot easier. At their age and income status, they may even qualify for more government assistance. Your mom should definitely NOT WORK. That will make it harder for them to get government assistance, and tell them that it's not a handout. They've been paying into the system for all of their lives, and now the system owes them.

[no_hypocrisy]

5. Tell them to file before the collectors get a judgment against

your parents and then file it, making it a lien against their property.

And as you know, if they file successfully, then only two kinds of creditors can get most of their money: A) Those who have a filed finance statement in the county records office, and B) Those debts within 90 days of the filing.

My friends have filed and not looked back. They didn't want to, felt bad, but hey, it was legal and available. It wasn't like they maxed out 25 credit cards and then said "Screw you!" to the stores, etc.

[Acryliccalico]

8. They can't get blood out of a turnip

Any credit card debt is unsecured debt. I say file.

[liberalhistorian]

12. I'm trying to get them to do

just that. I've had friends who've filed due to overwhelming medical bills; they didn't want to, but they didn't have any choice if they didn't want to lose everything just for the crime of getting sick and not having enough insurance/money. One had cancer at the time. Imagine that, fighting cancer and having to deal with medical and other collectrolls when you need to be focusing on getting well.

[miss_kitty]

17. "Imagine that, fighting cancer and having to deal..."

damn. I don't have to. I am living it.

[liberalhistorian]

21. I'm really sorry, I know that's hard.

I've watched both friends and family deal with that. My uncle is fighting a losing battle with cancer right now, and he and my aunt are dealing with those fuckers every day. Like they don't have more important things to worry about.

[miss_kitty]

28. Yeah. I have a friend who's a bnky atty

And he just took over. I only had 2 creditors I was unable to keep up with. I still haven't filed. We keep blowing them off. I'm still disabled

I am sorry for your aunt and uncle's troubles.

[LynneSin]

6. Does your state have Health Care Tax Credit?

My parents lost their pension when Bethlehem Steel got bought and liquidated it's pension fund. My Parents are about the same age as yours and their health insurance went to $1000/month. Fortunately in PA, they passed a Health Care Tax Credit (thanks to Gov. Ed Rendell) which pays for 65% of their health care costs.

Other than that - your parents should file Bankerupcy. Screw the vultures

[liberalhistorian]

13. Unfortunately, I don't believe

that beautiful, wonderful Ohio (GAG! BLECH!) has such a credit. I'm really trying to get them to file bankruptcy ASAP, before it gets worse and before the laws change. Screw the vultures, indeed!

[ET Awful]

7. Well, making threats like that is illegal, have your parents

send each collector a written request to not contact them via any method but US mail. IF I'm not mistaken they MUST comply.

[liberalhistorian]

14. I've been helping them

do that, send written requests which the collectrolls do, indeed, have to comply with, but it's a slow process that's like whack-a-mole, get rid of one and another one pops up in its place.

[ET Awful]

23. Many collection agencies are actually under the same corporate umbrella

If they get such requests, they simply "sell" the account to another subsidiary agency. Slimey, but legal.

[miss_kitty]

15. What did they do?

I mean all of the sudden, here's someone on the phone telling them just what the fuck they are. Are you going to the state AG? Did they do anything actionable?

Also, when I started saying bnky to them (major illness, no job, no insurance) they offered to settle, for a quarter of the debt...

[liberalhistorian]

19. See, my parents don't

have a major illness, but their insurance premiums were jacked up so high that it eats up almost an entire retirement check (they get two checks a month). The collectrolls don't give a shit about that, and my parents can't pay the amounts they're demanding.

[Cadence]

38. Could they stop paying for the insurance and

get on medicaid?

[liberalhistorian]

40. No, because you have to have

only $2,000 in total assets, including your car and house and income. They have a ten-year-old car, but the house (that they're having trouble paying on) and my stepdad's retirement income would put them way over the limit.

And Ohio is really tough with things like that. They're even going after family members of deceased nursing home residents who were on Medicaid, demanding that the person's house be sold to pay for it.

[NightTrain]

16. I had to file for bankruptcy in 1996.

Whenever a creditor called me, I referred them to my attorney's office, per his instructions. It didn't take long for those calls to stop coming to me!

[liberalhistorian]

22. That's another reason why I'm trying

to get them to file for bankruptcy, and the attorney will, indeed, take care of the calls from those fuckers.

[gizmo1979]

18. I had those assholes

after me for months. They lie and make threats and are pricks! I went through a debt repayment agency and everything has been fine for 18 months,but now citibank wants to change the rules or they'll crank up the interest again.Most places are just happy to get their money though.

[liberalhistorian]

24. They do, indeed, lie and make threats,

and they are, indeed, total pricks. See, the problem is that most people don't know their rights under the Fair Debt Collection Act and most collectrolls are fully aware of that. They're also aware of how much most people hate to be in debt and hate to deal with collectrolls, and they take full advantage of that. But I'm fully aware of debtor's rights and I've always given it right back to those fuckers. They change their tune really quick once they realize that I know the law and that I'm on to them.

[Raster]

32. also keep in mind that the collectrolls make a commission on all the

stuff they collect. They say and do just about anything, legal or illegal, to get their grubby little hands on whatever funds they can.

I had financial trouble, company I worked for went under, my industry was in shambles and outsourcing as fast as it could. I had to exist on savings for almost two years. I busted my ass looking for a job, applying on a daily basis. I tried to reason with one collection company, letting them know I really wanted to pay the bill, but was unable to at this time. I offered to make token payments and assured them I would pay the bill once I could get my head above water. I had some asshole give me grief because I was at home and answering the telephone. I mean this guy was a creep, saying stuff like "you must not want a job very much if you're sitting at home right now watching television." He also had a confederate, a woman that was even more cruel and rude then he. And I do mean cruel. Bastards. My self-esteem was in the toilet, I was applying to everything and I was on the verge of complete financial ruin. I ended up having to file bankruptcy, and now have the IRS horror to deal with because I had to use up my 401k savings to survive. I hate the collectrolls. They are part of the system designed to keep Joe and Jane Average American down and out. Evidently we're more controllable that way.

[liberalhistorian]

42. OMG, that is EXACTLY what

a collectroll once told me when I called to ask for a revision in the payment schedule they'd demanded, because I still hadn't found a job at that time. He said, "well, you must not be looking too hard for a job if you're at home right now." Yeah, asshole, I'm at home so I can use the phone to call you LONG DISTANCE because your fucking cheap company doesn't have a toll-free line.

I got frustrated and said that "I was doing nothing except look for a job and there aren't any fucking jobs around here so get off my case." He actually had the nerve to get angry and yell at me that "we won't tolerate any rude treatment, you'll pay for that!" Sure, they can treat ME rudely and harass me, but I have to be sweetness and light back. I reminded him that the only reason he had a job was because I and people like me didn't, and I asked how it felt to make a living off of the misery and misfortune of others.

I simply could not believe he had the nerve to say that, that I must not be looking for a job because I was home on the phone talking to him! What motherfuckers they are, how they sleep at night I have no idea.

[Raster]

50. By far, the woman that called was the worst. She caught me at home,

actually dashing home to use the bathroom, during my job hunt and proceeded to grill me about what I was doing to find a job. Without thinking I slid into cowering defense mode and started to outline everything I was doing to find a job. She cut me off with "well, obviously that's not enough." At that point I lost it and told her she didn't know me and didn't know what I was going through. I asked for her name and supervisor, and of course at that point, heinous evil bitch hung up on me. I called the collection agency and tried to find her supervisor, but all I got was the runaround and an interference-type person telling me that "no one at their agency would resort to such tactics." I informed them to cease and desist. I also informed them that if they called in the future the first thing they had better do is identify themselves and provide callback information. I also informed them that a friend had referred me to a legal aid group and that if they continued to harass me, they would end up paying not only my bills, but my attorney's fees. That shut them up.

[liberalhistorian]

53. That's what drives me crazy

about them when you try to get it through to them that you're doing everything possible to find a job and they just refuse to listen. THEY have jobs because unfortunate people don't and can't find other jobs. Who the hell do they think they are, and who the fuck are they to determine that you're "not doing enough?"

There is NOTHING more frustrating than trying to find a job and not being able to, especially if you've got debts piling up. The year I was out of work and trying to find a job, I'd get excited if the phone rang, thinking it was an interview or a job offer; instead it was always some goddamn fucking collectroll harassing me about not being able to find a job.

[WCGreen]

25. Once you file for protection

they have to stop the calls and threats.....

And remember, the people making the calls are paid on commission based on how much they collect.....

They can't do a thing about fighting the bankruptcy once it has been filed.....

Be careful though, some states only allow you to keep a certain amount of equity which means that if your house is worth $ 100,000 and you only owe $40,000, perhaps they can force your parents to sell the house.....

And you shouldn't have to pay more than about $1,000 in legal fees for a simple bankruptcy hearing and all that goes with it....

My middle class pride got in the way and I ended up loosing almost everything I had......

[liberalhistorian]

27. Oh, I know they can't actually

do anything once a bankruptcy is filed and that they're making empty threats, it's just the fact that they're even doing it that really pisses me off. A lot of people don't know that, don't know their rights in these situations, and they let the collectrolls get away with murder because they think collectrolls have so much more power than they really do.

I don't think my parents have much equity in their house even though they've had it for thirty years, since they refinanced only five or so years ago. And pride is what I'm trying to get them past so they'll file. They know they need to, they just can't bring themselves to do it.

[WCGreen]

30. Contact me....

I'm an accountant and filed. Maybe I can talk to them from a different perspective...

Drop me an EMail...

My wife was a teacher as well.....

[liberalhistorian]

31. Thanks, I just might

do that!

[the Princess]

26. They are the scum of the earth

EVERYONE goes through rough times and these fucks thrive on intimididating people who are already in a bad place.

A few years ago we hd to consolidate 3 credit cards because we were in such debt. Until the consolidation went through I was called every day 3 tiems a day by the collection dept of 2 of the 3 credit cards telling me I was a dead beat and they were gonna take our home to pay off the cards. It was horrible. I had to stop answering my phone.

They should be shot - every single one of them. But at the very least they should all go through money troubles and see how it feels to be harrassed by scum like they are.

Peopel are so fucking arrognat and judgmental of others who have financial difficulties until it's their turn.

Karma is a REAL thing.

[liberalhistorian]

29. They are, indeed, the scum of

the earth. What really gets me is that I don't understand how anyone can do that job. They prey off the misery and misfortune of others, particularly the medical bill collectrolls. I dealt with some professionally in one of my previous jobs, and they really do get off on what they do, it's just fucking sick.

And what really gets me as a paralegal is the attorneys who specialize in debt collection, that's a disgusting use of legal skills.

[Jose Diablo]

33. I wonder if debt collectors are republicans n/t

[Lydia Leftcoast]

34. About twenty years ago, I talked to a bill collector on the bus

She was full of hatred for poor people and especially immigrants. She was raving about how all the Hmong refugees (she called them "Vietnamese") in Minneapolis were living on welfare while she worked hard and how they insisted on speaking Hmong in public and lived twenty people to an apartment.

I gave her my usual, "Oh, you hate immigrants. What Indian tribe are you from?" line, and she very huffily told me that her grandfather had come over from Sweden and had never been on welfare a day in his life and had gotten a job two days off the boat.

"Where did he get that job?"

"Cleaning a livery stable." Right, a real job growth category these days. :eyes:

Anyway, she was an angry, disagreable woman, and I could definitely picture her harassing some disabled person about their hospital bills.

[liberalhistorian]

43. LOL! I think

we all know the answer to that one, don't we? And I'm sure they voted for Smirk because more people out of work and desperate means more work and more money for them. The only growth in jobs around here that I've noted are for collectrolls.

[flvegan]

35. Interesting. Several times a day?

The Fair Debt Collection Act is something they should become well-versed in. There's collection, and there's harassment.

[shesemsmom]

37. Way back when

I was told by my lawyer that once you tell them to STOP calling that they have to stop!!!!! I don't know if that is still the rule. If they continue to call that is considered harassment and can be filed in civil court.

[liberalhistorian]

45. It is still the law,

it's a provision of the Fair Debt Collection Act. But you have to request it IN WRITING, it can't be done by phone. They do have to comply and most do, because they know that the people who take the time and effort to send a written request to stop communicating with them by phone will also make the effort to report them if they don't comply. Too many people don't know that they can do that, though.

[liberalhistorian]

44. Oh, collectrolls are well-versed

in the FDCA, but they count on the fact that most of the people they contact aren't, which is true, unfortunately.

[shesemsmom]

36. WTG Give Em HELL

They can do nothing but threaten, The thing is your parents are from the generation that is intimidated by that sort of thing. I am reminded of the phrase that THEY CANT KILL YA OR EAT YA...........it certainly applies here.

[Mabeline]

39. Tell mom to talk to an attorney ASAP, they will tell her to give these

vultures their number and they are no longer allowed to call her, they can be gotten legally if they do. We actually did have to file a few years ago and it was very refreshing to tell them this. A few actually tried to say.."gee wish you hadn't done that, we could have worked something out..."

[liberalhistorian]

46. But they're not interested

in "working something out" when you're trying to work with them and tell them that you simply do not have the fucking money.

[Hillary08]

47. screw 'em

File the papers and watch 'em all cry.
Don't you just hate it for them? NOT!

[liberalhistorian]

48. LOL!

Screw 'em, indeed! What's really funny is that they think they're actually going to prevent my parents from filing bankruptcy with their threats; they don't realize that I'm a paralegal who knows their game and who knows that they can't do shit to someone who files.

[warrens]

41. That is totally illegal

Bankruptcy is between you and a judge and they cannot either encourage or discourage it. It sounds like your parents should file. Get a good lawyer and depending on the state, their house can't be touched (Florida and Texas in particular).

[Der Blaue Engel]

49. I finally had to file for bankruptcy...

...due to creditors demanding huge sums after I had been late and the late fees had put me over my limit, thus generating more and more fees. I tried credit counseling for a year, but a few nasty corporations refused to cooperate, and wouldn't cut me any slack for partial payments. They even had the gall to charge as much as 26% interest as a penalty on a couple of the cards as "punishment."

I told one of the asshole collectors when they were calling to harrass me *while* I was on the credit counseling plan (they're not supposed to contact you, only the counselors) that I was filing and he could quit calling me, and of course he said "you can't do that," like I was an idiot who would just cry and pay up because he said so, and said he was going to "put a note in my file" about it. So I got really pissed and said, "You know, you can put this in my file: I OFFERED YOU PEOPLE MONEY, and you refused to cooperate and accept payments without harrassing me. If you hadn't been nasty and vindictive, you'd have had your money, and tons more once all of the exorbitant interest was paid. Now you get nothing. Have a nice day."

This was back in 2000...within two years, I had the very same companies THROWING credit at me, and now my credit is pretty much built back up to pre-late-payment days. Everyone told me it would marr my credit for 7 years, and it would be really hard to rebuild. Apparently not with today's greedy creditors. They're fools.

[liberalhistorian]

51. Well, the reason

they throw credit at you after your bankruptcy discharge is because you can't file again for seven years; so if you fall behind in payments again, this time they can get you for it.

And I know what you mean about the late fees and penalties. About four years ago, I lost a job and couldn't find another one for almost a year afterwards. I had two credit cards, and I only had a balance of about $500 on both of them. I couldn't afford any payments, so the late fees, charges and penalties ballooned until each card had almost $2,000 dollars, most of which were penalties and fees. See, the dirty little secret is that they often don't care that you're late because they can get more money from you that way.

[Der Blaue Engel]

55. Oh, I know they don't care

That's why it's so idiotic when they force you into a corner where you have to file bankruptcy. I'm the sort of person who would have paid every last stupid penny eventually, no matter how outrageous the interest or penalties. I've never defaulted on anything. But they just wouldn't take decent money when I offered it to them. The more I gave them, the more they penalized me for not paying in full.

It was sheer outrage at their behavior that made me file instead of continue with the credit counselors, because they made it impossible for me to do anything else. That was one happy day for me in court; sort of a moral victory. (I'm sure losing my $15,000 meant nothing to them in the grand scheme of things, but it was a satisfying moment nonetheless.)

BTW, the three companies that were the nastiest, that forced my hand, were Bank One, Capital One, and Beneficial. I would advise that anyone offered credit from these companies stay away. They will make your life a living hell.

[liberalhistorian]

58. Uh-oh, Beneficial

is the company my parents have their refinanced mortgage with, that they're having trouble paying. Shit, now they REALLY need to file for bankruptcy!

[Der Blaue Engel]

59. Yeah, they are nasty fuckers

Out of the three, they were the worst. When they were contacted by the credit counseling plan and refused to reduce my interest rate, they started demanding a larger share of the overall monthly payout as some perverse reward for *not* cooperating...since the other companies were willing to accept less, they should get even more. Made NO sense.

They were the ones I ultimately had that phone conversation with. I had initially called them, before all of the harrassment started, and tried to arrange a payment plan. From the start they were belligerent and threatening. I kept saying, "I called because I WANT TO PAY YOU, why are you being difficult? Do you NOT want money??" It was like talking to crazy people.

[liberalhistorian]

60. Shit, I don't want to hear that,

that's who they have the house mortgage with; my mom's been trying to get on their hardship plan with no success at all, and I don't think they're going to be interested in working anything out with her. Never mind that she's been a steady, responsible customer for almost twenty years!

[Der Blaue Engel]

61. I would definitely contact a credit counselor...

...or a lawyer, right away.

[liberalhistorian]

62. Yeah, I know, I've got

to get them to get past their pride and do that.

[Raster]

52. banks and other "legitimate" financial institutions now make more

money off of their credit cards and credit lines than they make off of traditional banking services.

Currently the bush* administration is trying to ram a bill through Congress that would severely limit your ability to bile bankruptcy, in essence forcing anyone attempting bankruptcy into a sort of collection counseling first. Meanwhile, personal bankruptcys set a new record every year. Corporations now have more "personhood" rights that real people. And it's getting worse. bush* and $hrubco are no friend of the common man and woman.

[liberalhistorian]

54. "Collection counseling",

like we haven't gone through that already! And if you don't have the fucking money, then you don't have the fucking money, they can't get blood from a stone. Just the thought of him pushing to have everything taken away from people who've fallen on hard times, when he was born with a silver platter in his mouth and has never had to worry about money for one day in his miserable, worthless life, makes me physically ill.

Most bankruptcies are filed due to unforeseen job losses, illness, and/or medical bills. And the RW numbnuts in congress trying to push the bankruptcy bill through are the same ones who have the best health insurance on the entire planet, they and their families NEVER have to worry about one dime of medical bills for ANYTHING, courtesy of the same taxpayers who can't get that kind of insurance and who have to file bankruptcy to keep the goddamn hospital CEO's and doctors from taking everything they have.

[Raster]

56. I think the last "official" thing I heard was that most personal

bankruptcies are brought on by medical bills. And boy, if you are part of the working poor and have little or no insurance, they stick it to you. Case in point, if you have insurance, an office visit to the doctor will run about 25-50 bucks cost to the insurance company. If you have no insurance, you will pay the FULL office visit cost because you can't negotiate with a doctor the way an insurance company can. It really is all designed to take advantage of those that can least afford it.

[liberalhistorian]

57. It's not just the working

poor and the uninsured that are getting screwed, the middle class and insured are getting it now, too. Health care is so damned expensive that, even if you have good insurance, you still have a lot to pay. And most people, especially retirees like my parents, are paying far more for their insurance than they used to, too many just can't afford it even if they have good jobs.