tag:blogger.com,1999:blog-30937069.post115651990335491731..comments2023-10-05T09:36:42.914-05:00Comments on Secrets Of A Debt Collection Lawyer: Debtor Responses And The Myth of The Bankruptcy ThreatBlogger Attorneyhttp://www.blogger.com/profile/00303496900815421075noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-30937069.post-843902608185355162016-06-13T01:49:32.957-05:002016-06-13T01:49:32.957-05:00I was sued for medical debt in VA. The debt was fo...I was sued for medical debt in VA. The debt was for an ER visit to MCV (a state hospital) and physician's fees, billed separately. Visit was in 2010. I got a letter from a local lawyer on the debt, but ZERO warrant in debt papers were sent to me. Also, nothing was served. My state student aid was seized. A $10,000 bill was paid via an $800 student grant, and I requested (and received) a letter from the hospital saying that that had been satisfied. The $10,000 was not granted a judgment in court, but the physician charges (around $760) were. I got nothing informing me of a court date, and the address they had was my current PO Box. <br /><br />Now the collection Atty has turned over the debt to a collection agency that is offering me a 25‰ discount.<br /><br />One issue: I had completed an application for a year of complete medical coverage through a program the hospital has, and the hospital acknowledged receipt of the original application but says that they needed additional info they didn't get, for approval. I sent it, but standard mail, and have no proof the supporting info was sent. The physician fees would have been covered by the program, as well. I had been in that program the year before that and the year after.<br /><br />What should I do now? A collector is trying to get me to pay a debt in 2016 that is from 2010, based on a judgment, neither the court date or result of which I was never notified, not even after the judgment was granted. <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-76998155087359119922012-04-21T09:27:35.034-05:002012-04-21T09:27:35.034-05:00There is a special place in hell for collections l...There is a special place in hell for collections lawyers. Taking family cars because they couldn't pay the hospital bill. I hope you fall on hard times someday and someone just like you comes knocking.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-22682177386465151762011-04-18T02:17:13.751-05:002011-04-18T02:17:13.751-05:00This is hilarious, because I am about to do just t...This is hilarious, because I am about to do just that--file chapter 7. I warned them too when they tried to tack on 5000 in fees yo a 10,000 dollar hospital bill on someone making only 22 k a year. What choice do I have? For icing on the cake, I am gay and live in a state that doesn't recognize my partnership. So all those expensive filling cost are nothing. Let's see, do I pay a scumbag lawyer who won't accept payments over time 5000 dollars, or do I pay a scumbag lawyer 2000 dollars and come out 14k ahead. As far as credit, it's already ruined, no issue there what so ever. By the time it gets to court, it already ruined your credit.Touchethttps://www.blogger.com/profile/02451235678609165531noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-15106990984517869542010-03-27T19:08:02.128-05:002010-03-27T19:08:02.128-05:00Re: The impotent "threat" of bankrupty....Re: The impotent "threat" of bankrupty. Obviously, it is Chapter 13 the author is speaking of, while leaving out the very potent Chapter 7 solution. When push comes to shove, Chapter 7 is last arrow in the quiver, and it's deadly. As for it being a "nuclear bomb", it's not that much different than the standard seven years for a bad credit history. In fact, Bankruptcy 7 folks can get back in the game in a variety of ways, restoring good credit. One upside is that companies, firms, lenders can view the bankrupted a better credit risk, since they no longer are underwater with unpayable debts.Jaknikhttps://www.blogger.com/profile/00092178994000786465noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-1327540611823361312010-03-27T18:59:35.291-05:002010-03-27T18:59:35.291-05:00Regarding the impotent "threats" of bank...Regarding the impotent "threats" of bankruptcy: I note that the entire emphasis was aimed at Chapter 13, where there is, indeed, bargaining. But Chapter 7 is the last arrow in the quiver, the death knell for the "competent" collections attorneys.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-69405258477174869592010-01-20T17:23:45.063-06:002010-01-20T17:23:45.063-06:00This is the funniest blog I've seen in a while...This is the funniest blog I've seen in a while. Filled with misinformation and fear-mongering. The person who wrote it clearly is trying to prey on the fears of the uninformed debtor. <br /><br />1) If you owe money, NEVER talk to anyone on the phone. NEVER. Ever. Period. No exceptions. <br /><br />2) If they sue you, file a response to the lawsuit, denying that the debt belongs to you. 99.9% of these worthless snakes will slither away at the first sign that you will take up their time. They will move on to the next case and forget about you. <br /><br />3) Never, EVER talk to anyone on the phone about a debt. Get it? NEVER. Get it in writing, and respond in writing...after you have carefully considered what you are going to write. <br /><br />4) DON'T talk to anyone on the phone about your debts. Have I written that enough?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-24334395305189627972010-01-20T17:23:22.727-06:002010-01-20T17:23:22.727-06:00This is the funniest blog I've seen in a while...This is the funniest blog I've seen in a while. Filled with misinformation and fear-mongering. The person who wrote it clearly is trying to prey on the fears of the uninformed debtor. <br /><br />1) If you owe money, NEVER talk to anyone on the phone. NEVER. Ever. Period. No exceptions. <br /><br />2) If they sue you, file a response to the lawsuit, denying that the debt belongs to you. 99.9% of these worthless snakes will slither away at the first sign that you will take up their time. They will move on to the next case and forget about you. <br /><br />3) Never, EVER talk to anyone on the phone about a debt. Get it? NEVER. Get it in writing, and respond in writing...after you have carefully considered what you are going to write. <br /><br />4) DON'T talk to anyone on the phone about your debts. Have I written that enough?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-36362853504323049402010-01-15T21:37:49.917-06:002010-01-15T21:37:49.917-06:00I am being sued for credit card debt by Capital On...I am being sued for credit card debt by Capital One that I just could not pay after getting laid off from my job. I followed everything you said to do and never got any verifications of any kind from the attorney. I did however receive papers for Interrogatories. This about 7 pages long and is a bunch of gibberish. Next day I received from the court a day to appear. My question is if I decide not to go, am I in contempt of court and then find then at my door with a warrant? This really seems like a win/win for the plaintiff and a loose/loose for me. Can you please respond before my court date which is Feb 16th 2010<br />Thank you,<br />Regradskim hartleyhttps://www.blogger.com/profile/09274651418703055906noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-32443247908661246732009-02-19T15:50:00.000-06:002009-02-19T15:50:00.000-06:00There is another response he forgot to mention and...There is another response he forgot to mention and that is what response he will make when a U.S. Marshall steps into his office with a summons and complaint for violation of the Fair Debt Collection Practices Act. I've seen all manner of silly responses lawyers and debt collectors make when the U.S. Marshall comes calling. I've seen them respond by attempting to tell the federal court that the FDCPA don't apply to them because they have a judgment against the plaintiff. I've even seen attorneys file responses without having authority to practice law before the federal bar. I've seen them claim they can't be sued under FDCPA or FCRA because they are merely representing their client who was the plaintiff in the local court meanwhile hiding the provable fact that the true plaintiff was some 3rd party debt collector acting on behalf of the real creditor and hiding behind their name. I've seen many lawyers lose in federal court because they misrepresented the legal status of the debt meaning that they filed a lawsuit on a debt that was outlawed under the state statute of limitations and even got a default judgment in the case which only served to prove their guilt. I've seen them sued in federal court for filing false and phony affidavits, sometimes even notarized by notaries who just went out and bought a rubber stamp but never applied for notary status. I've seen them sued for just about everything under the sun and I have yet to see a plaintiff who ever lost a case if they had kept careful records and presented their cases properly. So yes, I'd like to see how this attorney responds when he gets sued in federal court. It isn't a question of if he gets sued, it is only a question of when. Maybe he already has. I don't know about that.Creditwrenchhttps://www.blogger.com/profile/04077028670635905188noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-29494670296901569542008-06-07T11:21:00.000-05:002008-06-07T11:21:00.000-05:00This is interesting and may explain why a collecti...This is interesting and may explain why a collection attorney did not believe us when we told him if this proceeded, we would be forced into bankruptcy. We offered several times to settle for an amount we could afford to pay, and each time it was rejected. About 2 weeks ago, he got his summary judgment, even though there was fraud on plaintiff's part in the lawsuit (being pro se, we did not know the all rules of civil procedure, which was more important than the truth apparently) According to a witness the day before the "hearing" - there was even more fraud than we knew about - but judge said too late - had to have a deposition in 2 days before - how possible???)). Can't appeal - have to put up 1.5 times the judgment. If we were rich, we could. Seems like justice in this country is only for the rich. We will be filing BK Tuesday. I think I figured it out though. The guy (commercial landlord) has several "companies" and they are the same ones that charged the bogus charges. I think he wanted it to be as big as possible (about 4 times original debt), so that he could write it off as "uncollectible" for tax purposes, and would this make more money than we offered. What I am wondering now is: if he "dummied up" figures for services that never happed, etc - and then used all that to increase the amount of a judgment that he knew was going to be uncollectible - is that not tax fraud????Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-8007916722208331172007-09-05T13:41:00.000-05:002007-09-05T13:41:00.000-05:00What happens if one declares bankruptcy after a ju...What happens if one declares bankruptcy after a judgment has been obtained? I've made arrangements with a creditor on a hospital bill, seeking a judgment, and they've agreed they will not place liens or garnishments (they did this over the phone, however, and told me they would not bill me or furnish me with anything in writing), but I may still need to file Chapter 7 bankruptcy.Christenhttps://www.blogger.com/profile/04634270250071097127noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-75407624131470351742007-06-11T23:45:00.000-05:002007-06-11T23:45:00.000-05:00Voltare said it best."If you want to stop all of t...Voltare said it best.<BR/>"If you want to stop all of the wars,the first thing you must do is get rid of all the Lawyers!"<BR/>Lawyers are the emotional and monetary blood suckers of our society. They perpetuate their own evil by having their children become lawyers as well. And what's worse than this is they lie to the genral population and become politicial figures in our community who profess how great they would be working for us. <BR/>Remember Calvin Coolidge once said "The world is filled with over educated derilicts, the majority of them are Lawyers."<BR/>AnonymousAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-51717212014473377432007-04-18T09:49:00.000-05:002007-04-18T09:49:00.000-05:00Actually Rule 11 of the Tennessee Rules of Civil P...Actually Rule 11 of the Tennessee Rules of Civil Procedure would cover this situation and if an attorney knowingly filed suit on an account barred by the statute of limitations, he or she could be subject to sanctions by the court.Blogger Attorneyhttps://www.blogger.com/profile/00303496900815421075noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-12365519034484025562007-04-17T15:52:00.000-05:002007-04-17T15:52:00.000-05:00Doesn't make any difference at all, the expired SO...Doesn't make any difference at all, the expired SOL is not a bar to being sued, it is an affirmative defense. TN law doesn't make it illegal to sue on a time-barred debt.<BR/><BR/>As for the 'creditor friendly' bankruptcy law, it's turning out to be not so friendly after all - it's backfiring on them more than they want to admit and the filing rate is spiraling back UP !Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-1166826589975426022006-12-22T16:29:00.000-06:002006-12-22T16:29:00.000-06:00So do you ever hear that you have filed suit on a ...So do you ever hear that you have filed suit on a debt that is past the SOL? I have a law office that did just that.Anonymousnoreply@blogger.com