Can A Debt Collector Really Take My House?
Posted on
June 16, 2009
at
5:46 am
I got a call about an old debt I can barely recall, well I know it's from credit card charges from way back-I'm not too sure how way back but the debt collector said that if I don't pay what I owe, they'd be forced to take my home (how I'm not even done with the mortgage payment yet)..I hung up on the person. I bet he'd call again. I don't know when since I'm both annoyed and terrified of his call, I also unplugged the phone. Can somebody advise me as to what to do here? Thankkk you - Kate
Posted on
June 16, 2009
at
5:54 am
Hi Kate, I hope you did not admit to the debt and did not promise to pay it before you hung up on the debt collector? To answer your question, it is possible for a debt collector that is certified or licensed to collect in your state to file a claim on your house--the collector can't just take it. It has to go through the court first. Meanwhile what you can do is count to five days since that phone call, debt collectors under the FDCPA rule 192 g(a), should send you a written notice within five days since that call.
Posted on
June 16, 2009
at
6:02 am
To add to msissbedinfield's comment, and you may want to seek the advice of a bankruptcy lawyer on this, but as far as I know the debt collector may only be able to have a stake at your house, if he/she has obtained a judgment against you via a complaint that it filed to the court. The court if it finds that you really owe the collectors would then serve you a summons.If you do not respond to the summons, the court would give the collector the go ahead signal to touch your property, by default..because you did not raise an objection to the claim.
Posted on
June 16, 2009
at
6:05 am
So you're saying that it's not that simple for them to just take my house. Oh great! But why in the world was that guy hell bent on scaring me! And I can't afford to have my phone unplugged for five days..what if he calls again, what do I tell him?
Posted on
June 16, 2009
at
6:14 am
That call sounds dodgy to me Kate, he should have stated the following to you or advised you that you'd receive a notice that contains the ff in 5 days, instead of scaring you: -the amount of debt-name of your creditor/s-a statement regarding you writing them a dispute letter (asking them to verify the debt) within 30 days-a warning that says that the letter is a collection attemptSo then after 5 days, and you haven't received this letter, call the collection agency, ask for its address and fax, then send them a letter informing them that they failed to send you the required notice and then ask them to stop contacting you to collect.
Posted on
June 16, 2009
at
6:27 am
You may also want to check if the statute of limitations has ran out on your debt. After the debt collector receives your letter, they have to verify your debt, then the issue would go through an investigation. If they've proven that you really owe the debt, assuming that you did everything to dispute it, they still can't just take your house. It would still be up to the court, I think. In which case, you may still save your house via negotiation or settlement of the debt.
Posted on
June 16, 2009
at
6:35 am
You know you can only maybe lose your house in a foreclosure, but it's an altogether different issue, and that too goes through a process.Don't be bullied by the debt collector, instead have them prove that it really is your debt, and that they are the rightful collectors-within the time frame that the others have said. You may sue them if they continue to call you regarding the same debt, in spite of their failure to verify it, and your request for them to stop contacting you.
Posted on
July 14, 2009
at
7:19 pm
I had a 8 year old credit card debt. it was 9,000 buy the time it ran up with late charges and interest. my husband became disabled and we could not pay the debt. we ended up in a court that we had no way out. so i hired an attorney to help us. the staue of limation was ran out. but i was told you have to hire an attorney. it costed me 1,thousand dollars. he went to court for us and told the courts the staue of limation was ran out and he won our case. and he sent me back $ 114.00 back to us. you need an attorney we webt abd borrowed the money and it was worth it. in missouri staue of limation is 5 years it was 8 years on the debt. Good Luck
Posted on
July 15, 2009
at
2:55 am
So the debt collector did not call again - I suppose my house is safe for now. Are they likely to bother me again in the future? And by the way, thank you for your help destroydebt people!
Posted on
July 15, 2009
at
3:01 am
Regarding this old debt, are you planning on contacting your original creditors/or the collection agency about a settlement perhaps? I just remembered an issue with regards to collection--it's about this "judgment proof" person whom the collectors can't go after, as long as the person is that broke. In your case, you are not broke, you might have debt, that might haunt you in the future-I think you should really check on your state's statute of limitations now and then if you find out that it hasn't ran out on your debt..contact your creditors to find out about that account. That is, if you really want peace of mind..clean conscience? Responsible citizenship?
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