Legal question: On a debt and whats ligitimate?
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Question by Proud_Military_Wife: Legal question: On a debt and whats ligitimate?
I don’t need anyone putting me down and calling me a deadbeat PLEASE just some advise!!
In may of 2008 I had a payday loan through a on line company (bad idea I now know) they were to take the payment out of my checking, when they tried to take the money they notified me and said there was not enough to cover the payment. Turned out a direct deposit that was supposed to be made wasn’t. I said I would mail a money order which I did. I thought this was cleared up. I have looked high and low for my M.O. receipt and I cant find it, therefore if said company says they didn’t receive the payment then I do feel obligated to pay it yet again as its my bad that i lost my proof of payment…
Now over a year later i get a call from a company Eclipse Resolutions LLC in New York they have a called 4 or 5 times and leave a message I have tried to return their calls to find out what it was they wanted. When I did get a answer the person I was supposed to talk with was never around and there was no voice mail. So I continued to try and reach someone. I called this AM and spoke with someone they are calling in regards to the payday advance I described. I told them I need to see some documentation, something in writing…. OK fine but the secretary was out maybe if I call back the next day they can email or fax me something.. so I chat with this person for a bit, I expressed that IF I receive something in writing and this seems valid I can work out some type of agreement. But I was not unwilling to just send them money…. His response was “well you have screwed up get a lawyer” and he hung up on me…
So I called back spoke with someone else (at that point I still didn’t know what company I was dealing with) I tried to talk with him and was interrupted a number of times unable to ever finish a sentence, he then told me that If I didn’t call back tomorrow and set up a payment agreement and get them a payment via, checking account or debit/credit card by the 3rd that they were sending paper work to my County because I wrote a bad check across state lines and committed a felony offense. I told him again that if they sent me something in writing to validate the debt I would work out a plan to pay the debt starting 8/15 the earliest I would have money available.. He then proceeded to tell me that they were trying to work with me and it was what it was, if i didn’t have the money to them by the 3rd then i can expect it to be turned over to the county and he could no longer speak with me as he was leaving the office and the soonest I could get something in writing was via fax or email tomorrow IF I called them tomorrow and he wouldn’t even take my contact info (email/fax/mailing) so that first thing tomorrow they could get it sent to me. I also asked why I had not received anything up to this date and his response was they will not waste money mailing me a bill.
I am wondering if you can please tell me how to handle this situation? like I said if the original company claims they didn’t receive payment then I feel obligated to pay it. But I also do not have a good feeling about this other company. I am at a loss at this point and unsure what to do.
I have been trying to research this company and have came up empty handed. When they leave a message they say a name, and a call back number and case number: xxxxxx
The company that has been calling me is:
Elcipse Resolutions LLC a litigation company
Tonawanda, New York
1-888-368-1116
I appreciate any advise that you can give me. I have contacted a lawyer for his advise but haven’t heard back yet…
Thank you very much for your time.
I did use cash for the money order, to clear up the mistake with my checking account. but i can not find the reciept from the money order
Best answer:
Answer by A.Mercer
They are probably breaking the law.
A collection agency cannot threaten to take you to court unless they are actually taking you to court.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
Read that link over very carefully. Go online and do research in your state. Each state had different laws. However, that federal site I listed above will apply in all states.
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Comments on Legal question: On a debt and whats ligitimate?
I thought you had to pay for the money order with cash? Stop talking with that collection agency because they are trying to get money from you and they will just hassle you. Send what you think happened to all three of the credit bureaus so other people who are allowed to view your credit will know what is going on with your credit.