• Report: #280462

Complaint Review: California Recovery Bureau

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  • Submitted: Tue, October 23, 2007
  • Updated: Wed, October 24, 2007

  • Reported By:Eastern Oregon
California Recovery Bureau
135 Vallecitos De Oro, Ste. G San Morcos, California U.S.A.

California Recovery Bureau Collects Paid Debts, Harasses Ex Spouses at My Address Too! San Morcos California

*Consumer Suggestion: Things to try.

*Consumer Suggestion: Things to try.

*Consumer Suggestion: Things to try.

*Consumer Comment: So who allegedly owes a debt?

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California Recovery Bureau contacted us 4 months ago to attempt to collect on a reposession that occurred 8 years ago. My husband and I had paid off the debt; we received proof that it was paid in full 4 years ago. Boy was I glad I kept it.

The vehicle was purchased when my husband was married to his ex. In the divorce, he got this vehicle and she got a different one. They were each responsible for their own. This was in the divorce.

After hard times were over, we were able to pay our collective debt off. Now this collection agency has contacted us to try and collect. I sent them copies of the letters that said the debt was paid and never heard from them again.

Then 2 weeks ago, I got a phone call asking for my husband's ex. I immediately called her and gave her the number the collector had called from since they refused to speak with me. She called them and found out what was going on and told them that she would be pressing charges if they did not leave everyone alone.

So I go to my mailbox today and get a letter from them. Addressed to...who else? His ex at our address. I was steamed. I have attempted to call them all day, and always get the message that their office is closed. However, according to the business hours that they stated in their communications, they should be open for another 10 minutes.

If I hear from them again and keep getting harassed, I am going to sue them. Plain and simple. I don't have to put up with it. Great thing is that the ex wife is right on the bandwagon. She wants to make them suffer. I love it.

Dhall
Eastern, Oregon
U.S.A.

This report was posted on Ripoff Report on 10/23/2007 05:21 PM and is a permanent record located here: http://www.ripoffreport.com/r/California-Recovery-Bureau/San-Morcos-California-92069/California-Recovery-Bureau-Collects-Paid-Debts-Harasses-Ex-Spouses-at-My-Address-Too-San-280462. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Suggestion

Things to try.

AUTHOR: Robert - (U.S.A.)

1. You are not a party to this alleged debt. Let your husband handle it. It boggles me that you're getting all upset about mail that isn't addressed to you.

2. On the envelop that you received simply take a pen and LETTER across the front of the envelope: "RETURN TO SENDER" Below that in smaller lettering write: "ADDRESSEE NOT AT THIS ADDRESS"

3. Give the marked up envelop to your mail carrier or drop it off in any USPS mail box.

4. Ask your husband why he's not dealing with this.

A note about divorces. Divorce courts cannot alter or modify a loan contract without the creditor's written consent. The decree may state "so and so" will pay "such and such" debt. However, if so and so doesn't pay, the creditor can go after any cosigner. All the decree does is give the ex-spouse (who is on the loan) grounds to sue the party that stopped paying.

Here's an example: We're married. I get a loan for a car and you cosign the loan because my credit wasn't good enough to get the loan on my own. A years later we get a divorce and the decree states that I keep the car and am responsible for the loan payments. Three months later I stop making payments on the loan. The creditor comes after you (you're a cosigner) and now you must pay the loan or let your credit score be ruined (you also risk a money judgement against you - the creditor can sue you.) The creditor is within its rights to come after you because you are a cosigner. However, with the decree in hand, you can sue ME in civil court for not paying the loan. The divorce decree will convince the civil court to grant YOU a judgement against me. BUT, the loan must still be paid on schedule! Someone has to continue making the monthly payments or BOTH of our credit scores are going into the toilette.) I'm not paying, so in order to maintain your good credit, you continue to make the payments. Your legal remedy is to SUE ME in civil court to recover the payments you have made because I am not in compliance with the divorce decree.

This is why I don't recommend these types of agreements in divorce settlements. Too many ex-spouses think that because the decree states the ex is going to pay the loan, that they are off the hook with the creditor. This is not the case at all. I would recommend as part of any future divorce agreement that either the car should be sold to help pay off the loan or if one spouse is going to keep it a statement something to the effect that if that retaining spouse FAILS to obtain refinancing of the auto loan without the soon to be ex as a cosigner within a specific time period, then the soon to be ex has the rights to immediately take possession of said vehicle for the purpose of liquidation to absolve the debt.

I learned this lesson the hard way back in 1978. I had 2 creditors come after me after she stopped making payments.

When you cosign for a any credit, you're on the hook for payment until such time as the loan is absolved or the debt is refinanced (new contract) without you as a cosigner. Any time the primary debtor doesn't make a payment, you are equally liable to pay the debt.

That's how it works. Hope that helps you understand what's probably going on. Seems to me that your husband and his ex are both on this auto loan. This is why you should stay out of it. It's your husband who needs to step up and contact this collector, preferably with a certified, returned receipt requested letter. Same with his ex - your husband should be dealing with her, not you. If he's somehow too busy, he needs to make time and deal with it.

I understand your irritation, but YOU are not a party to this alleged auto loan. Hopefully, your husband will take care of this matter quickly.
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#2 Consumer Suggestion

Things to try.

AUTHOR: Robert - (U.S.A.)

1. You are not a party to this alleged debt. Let your husband handle it. It boggles me that you're getting all upset about mail that isn't addressed to you.

2. On the envelop that you received simply take a pen and LETTER across the front of the envelope: "RETURN TO SENDER" Below that in smaller lettering write: "ADDRESSEE NOT AT THIS ADDRESS"

3. Give the marked up envelop to your mail carrier or drop it off in any USPS mail box.

4. Ask your husband why he's not dealing with this.

A note about divorces. Divorce courts cannot alter or modify a loan contract without the creditor's written consent. The decree may state "so and so" will pay "such and such" debt. However, if so and so doesn't pay, the creditor can go after any cosigner. All the decree does is give the ex-spouse (who is on the loan) grounds to sue the party that stopped paying.

Here's an example: We're married. I get a loan for a car and you cosign the loan because my credit wasn't good enough to get the loan on my own. A years later we get a divorce and the decree states that I keep the car and am responsible for the loan payments. Three months later I stop making payments on the loan. The creditor comes after you (you're a cosigner) and now you must pay the loan or let your credit score be ruined (you also risk a money judgement against you - the creditor can sue you.) The creditor is within its rights to come after you because you are a cosigner. However, with the decree in hand, you can sue ME in civil court for not paying the loan. The divorce decree will convince the civil court to grant YOU a judgement against me. BUT, the loan must still be paid on schedule! Someone has to continue making the monthly payments or BOTH of our credit scores are going into the toilette.) I'm not paying, so in order to maintain your good credit, you continue to make the payments. Your legal remedy is to SUE ME in civil court to recover the payments you have made because I am not in compliance with the divorce decree.

This is why I don't recommend these types of agreements in divorce settlements. Too many ex-spouses think that because the decree states the ex is going to pay the loan, that they are off the hook with the creditor. This is not the case at all. I would recommend as part of any future divorce agreement that either the car should be sold to help pay off the loan or if one spouse is going to keep it a statement something to the effect that if that retaining spouse FAILS to obtain refinancing of the auto loan without the soon to be ex as a cosigner within a specific time period, then the soon to be ex has the rights to immediately take possession of said vehicle for the purpose of liquidation to absolve the debt.

I learned this lesson the hard way back in 1978. I had 2 creditors come after me after she stopped making payments.

When you cosign for a any credit, you're on the hook for payment until such time as the loan is absolved or the debt is refinanced (new contract) without you as a cosigner. Any time the primary debtor doesn't make a payment, you are equally liable to pay the debt.

That's how it works. Hope that helps you understand what's probably going on. Seems to me that your husband and his ex are both on this auto loan. This is why you should stay out of it. It's your husband who needs to step up and contact this collector, preferably with a certified, returned receipt requested letter. Same with his ex - your husband should be dealing with her, not you. If he's somehow too busy, he needs to make time and deal with it.

I understand your irritation, but YOU are not a party to this alleged auto loan. Hopefully, your husband will take care of this matter quickly.
Respond to this report!
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#3 Consumer Suggestion

Things to try.

AUTHOR: Robert - (U.S.A.)

1. You are not a party to this alleged debt. Let your husband handle it. It boggles me that you're getting all upset about mail that isn't addressed to you.

2. On the envelop that you received simply take a pen and LETTER across the front of the envelope: "RETURN TO SENDER" Below that in smaller lettering write: "ADDRESSEE NOT AT THIS ADDRESS"

3. Give the marked up envelop to your mail carrier or drop it off in any USPS mail box.

4. Ask your husband why he's not dealing with this.

A note about divorces. Divorce courts cannot alter or modify a loan contract without the creditor's written consent. The decree may state "so and so" will pay "such and such" debt. However, if so and so doesn't pay, the creditor can go after any cosigner. All the decree does is give the ex-spouse (who is on the loan) grounds to sue the party that stopped paying.

Here's an example: We're married. I get a loan for a car and you cosign the loan because my credit wasn't good enough to get the loan on my own. A years later we get a divorce and the decree states that I keep the car and am responsible for the loan payments. Three months later I stop making payments on the loan. The creditor comes after you (you're a cosigner) and now you must pay the loan or let your credit score be ruined (you also risk a money judgement against you - the creditor can sue you.) The creditor is within its rights to come after you because you are a cosigner. However, with the decree in hand, you can sue ME in civil court for not paying the loan. The divorce decree will convince the civil court to grant YOU a judgement against me. BUT, the loan must still be paid on schedule! Someone has to continue making the monthly payments or BOTH of our credit scores are going into the toilette.) I'm not paying, so in order to maintain your good credit, you continue to make the payments. Your legal remedy is to SUE ME in civil court to recover the payments you have made because I am not in compliance with the divorce decree.

This is why I don't recommend these types of agreements in divorce settlements. Too many ex-spouses think that because the decree states the ex is going to pay the loan, that they are off the hook with the creditor. This is not the case at all. I would recommend as part of any future divorce agreement that either the car should be sold to help pay off the loan or if one spouse is going to keep it a statement something to the effect that if that retaining spouse FAILS to obtain refinancing of the auto loan without the soon to be ex as a cosigner within a specific time period, then the soon to be ex has the rights to immediately take possession of said vehicle for the purpose of liquidation to absolve the debt.

I learned this lesson the hard way back in 1978. I had 2 creditors come after me after she stopped making payments.

When you cosign for a any credit, you're on the hook for payment until such time as the loan is absolved or the debt is refinanced (new contract) without you as a cosigner. Any time the primary debtor doesn't make a payment, you are equally liable to pay the debt.

That's how it works. Hope that helps you understand what's probably going on. Seems to me that your husband and his ex are both on this auto loan. This is why you should stay out of it. It's your husband who needs to step up and contact this collector, preferably with a certified, returned receipt requested letter. Same with his ex - your husband should be dealing with her, not you. If he's somehow too busy, he needs to make time and deal with it.

I understand your irritation, but YOU are not a party to this alleged auto loan. Hopefully, your husband will take care of this matter quickly.
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#4 Consumer Comment

So who allegedly owes a debt?

AUTHOR: Bart - (U.S.A.)

It starts off as if the husband is the one being accused of owing a debt on his own vehicle.
Then for some reason, the ex-wife is thrown in....but are they saying that SHE owes a debt? Are they trying to collect an alleged debt of hers from the ex-husband?
Then, somehow they are allegedly harassing her at your house, yet she doesn't live there from what it seems. So how is this possible?
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