Well, today a collector made contact with me. Curious how they got my cell phone number since I have kept that undercover in all of my business dealings. Anyway, they offered me a settlement if I could pay it by tomorrow ( which I can't). They offered a payment plan if I could agree to something by tomorrow ( which I can't). I advised them that I had sent them written communications which of course they don't have records of. I advised them that any attempt to collect through legal means would force me into an immediate bankruptcy to which they replied then I should file a bankruptcy. I told them I have never been informed that my lender has placed my account with them, they state the lender is not required to inform me. Basically, they gave me until tomorrow to pay their settlement or establish a payment plan or else they will pursue legal relief. Bluff ? Would they really pursue legal relief knowing I'm upside down and will likely file bankruptcy ? They violated my cease and desist request as well and are denying receipt of communication. Do I deal with them ? If I do establish a payment plan will this disrupt a bankruptcy effort should I need to file ?
P.S. I advised them I was discussing settlement with Care One, Debt Shield and Debt Settlement U.S.A. They state they don't work with these companies which contradicts what these companies told me. Who's lying ?
The debt collecotr is lying. You may wish to consider immediately filing a suit against them in your small claims court. You have them on violating your written cease and desist letter plus several other FDCPA violations. For example, they can't tell you they are going to take legal action if legal action isn't already on their agenda.
You seem to know who this goofus is so you know where to mail service. Once you mail service, sit back and wait for the court date. If they don't show up, you win. Once you have the judgment, contact their sheriff and find out their procedure for serving them with the judgment. You will also have to know how to get a writ of execution (probably what it's called in your state) and send it to their sheriff as well.
Basically, that's it.
