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Law office of joe pezzuto - need advice on this collection agency?

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I have a debt that I admit is mine. I quit working with the company when they shut down my ability to pay online and keep haveing people who hardly spoke english calling me demanding a check over the phone for the amount. (I was 2 weeks late and had made a sizable payment the month before) Now I had a call from a collections agency (the law office of joe pezzuto) The person I talked to at the extention I was instructed to call was not the one who left the message the day before. I got a bit paranoid and started looking for information on the firm. I found it is part of a larger collection agency but they do have lawyers that work for them.

I was told they would not do payments, I was asked what I do and how much I make. I told them I could have the money in 6 weeks. They told me I had 24 hours to call back and tell them how I was getting the money and make arangements to do a check over the phone for the whole amount and he could give me 3 weeks before he sent it through.

I don't like doing checks over the phone and I don't feel I should have to tell them how I am getting the money just that I have it and when i can get it to them.

When i call them back I plan on asking them to send me something in writing and I will send them a certified check by the end of the month (3 weeks).

What do I do if they want to strong arm me by saying they will have to start leagal procedings or something like that. Do they have the right to ask me how I plan on getting the money? I need advice on what my rights are in this situation and how to handel them. I am more than happy to find away to pay my debt.


Thanks for any advice you can give,
Trinity




irish51cc
Posts: 1117
Credits: 11172.4

Sub: #1 Welcome to the forum Trinity. Is it possible to give us a little
Thu, 03/08/2007 - 08:21

Welcome to the forum Trinity. Is it possible to give us a little more infrmation? What state do you live in? What type of debt is this? Is it a pdl or credit cad? Who is the collection agency calling you? How long have you been paying?




Bossy4455

Posts: 5855
Credits: 74303.05

Sub: #2 What company are you dealing with? collection agencies will thre
Thu, 03/08/2007 - 08:23

What company are you dealing with? collection agencies will threaten, yell, etc., don't let them intimidate you. Don't give them any personal info-where the money is coming from, your bank info., etc. Make sure they have a legal right to collect this, and it is within the SOL period. Send them a debt validation letter, asap. You do have rights, and they are being violated by their threats. They are supposed to validate the debt to prove they are the ones to be collecting. If you have any questions, please ask..KAren




TrinityDragonDesigns
Posts: 3
Credits: 116

Sub: #3 the original debt was with Providian/washington mutual several m
Thu, 03/08/2007 - 08:38

the original debt was with Providian/washington mutual several months after my last contact with them I got a letter. When I called I got a automated system and placed on hold for half and hour before I hung up. I keep waiting for something to be sent that I could deal with. I admit to the debt and I am more than happy to pay it as I can. I work as a temp and getting almost 2,000 dollars together will take a few weeks unless my bank gives me the loan. Only about half of that is actual charges the rest is what they have added on to the bill. I have to call the guy back in four hours or so and I want to be ready so I don't get suckered into more than is leagal or than I can handel. I have already had people call my parents phone number and I have not lived there for over 3 years.




cajunbulldog

Posts: 4859
Credits: 42498.45

Sub: #4 Trenity,debt collectors must follow rules when collecting debt.I
Thu, 03/08/2007 - 09:31

Trenity,debt collectors must follow rules when collecting debt.It seems they do not want to follow the rules.
http://www.f tc.gov/os/statutes/fdcpa/fdcpact.htm#809

Please read up on what they can and cannot do in this link. After that,put them on notice that if they want a dime,they had best follow the established rules and quit with the harassments.




Cow & Chicken
Posts: 3571
Credits: 39167.1

Sub: #5 Who is the collection agency?
Thu, 03/08/2007 - 11:48

Who is the collection agency?




Cow & Chicken
Posts: 3571
Credits: 39167.1

Sub: #6 As Bossy suggested, before you pay anything, make them validate
Thu, 03/08/2007 - 11:49

As Bossy suggested, before you pay anything, make them validate the debt. That is the law per the fdcpa. There is a sample letter in the DIY section of the forums. Never give them banking information.




Unregistered

Sub: #7 Funny thing I called them back and talk with the "general manage
Thu, 03/08/2007 - 12:01

Funny thing I called them back and talk with the "general manager of the law firm" and told him I was working with a debt concolidation agency. He told me several time that they are a law firm and wont work with the concolidation people yet he was more than willing to fax me a letter and knock of 500.00 dollars as well as set up 3 payments for the debt. If I don't get the letter I will stop payment and if I need to I will close my account. I'm keeping an eye out and will be talking to a few lawyer friends of mine if I think I need thier help on it.

Thanks for all the advise,
Trinity




trophy
Posts: 162
Credits: 2537

Sub: #8 It is illegal for a collector to threaten legal actions. Read th
Thu, 03/08/2007 - 12:04

It is illegal for a collector to threaten legal actions. Read the fdcpa laws in the FTC website and get informed of your legal rights. The link is posted above. The collection agency must validate the debt and confirm that they are unauthorized for this collecting on the debt. They need to send it in writing within five business days after the first phone call. Check your mail regularly. If you don't receive anything from them, get their address and send your DV letter by certified mail and return receipt requested. This should cover your basis legally.

Since the debt is legit, you have to work out payment arrangements with Providian and try to clear the account directly with them.




TrinityDragonDesigns
Posts: 3
Credits: 116

Sub: #9 Got them to fax a letter to me. Letter has original creditor,
Fri, 03/09/2007 - 08:17

Got them to fax a letter to me.

Letter has original creditor, creditor, account#, amount due and list the agreement I made with them for 3 payments and a lower overall total. It also states that thier client has agreed to remove any negitive marks on my credit to reflect current status of my account.

From what I read they are more than likely still making a few hundered bucks but I will have it done and over in a few months. To be safe I am going to ask a few lawyer friends to look over the paper for me and give advice if they have any.

I am keeping copies of everything including my phone record where I made or recieved calls from them.

Everything I have found says that They are a Collect America Franchisees but they do have lawyers that work for them.




texaslawyer
Debt Samaritan
Posts: 258
Credits: 265.25

Sub: #10 If they misrepresented that the caller is a lawyer -it is a viol
Sat, 03/10/2007 - 07:39

If they misrepresented that the caller is a lawyer -it is a violation of the collection laws. And a common one at that.




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