Collect America CACV Scott Lowery Colorado, Workman Law, And Harold E Scherr Attorney ripoff tatics, extreme pressure used on the phone, calls to my work place Denver And Jacksonville Colorado and Florida

The nonsense about it being the right thing to do ended when the original creditor wrote the loss off and took the tax deduction. The problem with people like CACV and Harold Scherr is they will not go to court. What they will do is find an arbitration company like the National Arbitration Forum and get a judgement rubber stamped there. Then they bring the arbitration award to court and the judge will will not listen to any arguments, he will only affirm the award. NAF was shut down for fraud by the MN attorney general. They probably are using another arbitration company now with the same results. 

These people are dirt-bags. Lower than dirt-bags. The real scum of the earth. NEVER EVER agree to make a payment to one of them. That will only restart the debt clock. 

""The original Credit Card issuer has already been compensated as a charge off. ""

I own 2 small companies. How is a charge off compensation to me? BTW, I've made some rebuttal on ROR to try to get folks to understand just what a charge off is and what it does.

Maxwell Gold, if that is in fact your real name, You are blowing smoke out of your a*s. These bottom feeding lawyers are extorting many dollars out of people like me that have had there credit cards "charged off" .. The original Credit Card issuer has already been compensated as a charge off. These bottom feeder lawyers are just trying to collect on people not knowing how to deal with them in court. Crawl under a big rock and die in the mud you operate in. You are a scumbag Attorney posting here on this web site. You can Quote me on that one you a$$ hole.

And we wonder why the economy is the way it is, why we are in a recession. That is very good advice,Steve. "I havent paid my bill in years, why start now"? Good shot, you must have never been a business owner shafted by shady debtors bent on finding "legal" ways of avoiding paying debts. The fact that you have gone to court to avoid paying debts shows me the individual I am dealing with here. Go ahead run up 10k in credit cards with your flashy flat screens and your spinning wheels! And then come here to cry about the injustice of a creditor having to sell off their receivables at pennies on the dollar because the debtor feels he is obligated to these items. Honestly the only difference between you, Steve, and a common criminal is that the criminal uses a gun or knife. You my friend, used a piece of plastic! At least the criminal has the decency to cover his face when he robs me!

Let's address this by the numbers:

1. ""As to the comment about the company purchasing the debt, what the company pays for the debt is irrelevant because you incurred an original debt of $9,000. ""

Partially correct depending on the court of jurisdiction. Here in NY in small claims court, what the company paid for the debt IS RELEVANT because in small claims you have to prove damages. If you paid $200 to purchase a debt of $2500 your damages for the unpaid debt is $200 (plus court costs if you win the suit.) This is the way it is for UNSECURE DEBT. SECURE debt is a different matter.

2.""They can charge you any amount and even add additional fees and penalties according to the original contract you signed.""

Correct, provided that the interest and/or fees are stipulated in the ORIGINAL contract. And even then those fees may NOT be collected under certain conditions which leads us to...

3. ""And most all credit card companies state in the terms and conditions that court and collection fees may be applied.""

IN THE ORIGINAL CONTRACT, any such interest and/or collection fees must be clearly stated including the RATE of said interest and/or collection fees. A statement that merely says "the consumer is responsible for interest and appropriate collection fees" is NOT a contract and will not be enforcable in any US court I know of. The rate of interest during default must be stated. The collection fee must be stated, such as X% of the outstanding balance, $150, etc.

Another crackhead collector pipes in with the old "pay your bill" advice! There are many flaws in this crackhead's statement.

The BEST way to avoid collection calls at work is to send a CEASE COMMUNICATIONS request. This is a person's right under FEDERAL LAW.

Furthermore, paying a "bill" to any third party debt collector will only hurt the credit score of that person, AND, if that third party debt collector is a junk debt buyer, NONE of that money will go to who actually lost it!

And, it is VERY relevant as to how much was "paid" for the debt. For many reasons. The first being if the amount falls under small claims court jurisdiction, in Florida, you can only sue for what you actually lost, plus reasonable costs.

I have asserted this defense in court and have won. The courts do not like being used to enforce profit for an investor. That is exactly what is being done here.

A junk debt buyer makes a bad INVESTMENT and then uses the courts to guarantee a return on that INVESTMENT.

A junk debt buyer is not a creditor, therefore, the "debtor" does not owe them anything, legally. The debt ceased to be legally collectable when the original creditor charged it off, sold it, AND took the tax deduction for the loss.

On top of that, in almost every case, a JDB has absolutely no documentation to validate the "debt". And, MOST "junk debt" is past STATUTE OF LIMITATIONS, and is therefore legally uncollectable anyway.

There is no valid purpose for third party debt collectors or junk debt buyers to be making collection calls to anyone. JUST FILE THE LAWSUIT!!

WHY don't you just file the lawsuit? Just do it.

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Submitted: 3/26/2008 6:10:42 PM
Modified: 3/26/2008 7:37:20 PM Maxwell Gold
Lake Mary, Florida
U.S.A.

Avoiding collection calls at work
The best way to avoid collection calls at your place of employment, or any where else for that matter, is to pay your bill. Although it is a tough economy and money may be tight, you must remember that you did in fact incur this debt and are liable for it.

You did the right thing in making a payment arrangement, you owe the money you should pay it. But to say you did it to 'get them off your back' is a cop out. Any attorney worth his salt will ask you why did it take 11 months to complain about an 'unauthorized' deduction. Unless you advise them that you no longer wish to continue with said withdrawl, they will deduct the amount until the bill is paid.

As to the comment about the company purchasing the debt, what the company pays for the debt is irrelevant because you incurred an original debt of $9,000. That is what you owe. They can charge you any amount and even add additional fees and penalties according to the original contract you signed. And most all credit card companies state in the terms and conditions that court and collection fees may be applied.

The point of this rebuttal is to advise you of the best way to avoid collection calls. Pay your bills on time. You can look up the Fair Debt Collections and Practices Act. These are the laws governing collections. Although some states have stricter laws regarding calls to yourpalce of employment, most states allow calls to your employer EVERY DAY, unless someone notifies them that it is not a convenient palce to be contacted. Good Luck.
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The best way to avoid collection calls at your place of employment, or any where else for that matter, is to pay your bill. Although it is a tough economy and money may be tight, you must remember that you did in fact incur this debt and are liable for it.

You did the right thing in making a payment arrangement, you owe the money you should pay it. But to say you did it to "get them off your back" is a cop out. Any attorney worth his salt will ask you why did it take 11 months to complain about an "unauthorized" deduction. Unless you advise them that you no longer wish to continue with said withdrawl, they will deduct the amount until the bill is paid.

As to the comment about the company purchasing the debt, what the company pays for the debt is irrelevant because you incurred an original debt of $9,000. That is what you owe. They can charge you any amount and even add additional fees and penalties according to the original contract you signed. And most all credit card companies state in the terms and conditions that court and collection fees may be applied.

The point of this rebuttal is to advise you of the best way to avoid collection calls. Pay your bills on time. You can look up the Fair Debt Collections and Practices Act. These are the laws governing collections. Although some states have stricter laws regarding calls to yourpalce of employment, most states allow calls to your employer EVERY DAY, unless someone notifies them that it is not a convenient palce to be contacted. Good Luck.

John,

First let me say I am sorry to hear that these lowlife got you. As far as the debt goes, CACV never pays more than a penny on the dollar, and usually about 1/4 of a penny on the dollar.

With that said, this is why you NEVER speak to any debt collector on the phone. It will never do anything positive for you, and in most cases will only make things worse, as you have found out.

Your only option here is to close that bank account and open a new one at another bank, or just cash the check at a check casher and use money orders.

You should have let them file the lawsuit. You could have easily beaten it, because it was most likely past the legal statute of collections and you could have countersued them for filing frivolous lawsuit!

At this point you will have to hire a lawyer, or just do as I said above and waith for them to sue you. Then you can invalidate the prior validation by citing the abuse and harassment and misrepresentation, etc. they engaged in.

The only problem is that they know where you work. NEVER tell anyone where you work, especially a debt collector. You do not have to give this information out.

In summary, stop paying, close the bank account and let them sue you. Then if they do sue you and do win, you can file an appeal on any garnishment and take a means test. In CA they have to exempt all income from garnishment for "nessessities of life", then the federal standard kicks in which I believe is still 25% of disposable income.

Right away, sign something with your girlfriend that makes you legally responsible to pay. Either get your name on the loan/deed, or sign a "co-purchase contract",room mate rental contract, etc.. etc.

Good luck!