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Collections Law/Debt Agreement

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QUESTION: Hello, I am on disability and I really need to be approved for the senior/disability apt. building in my area. I am denied  however because I have 2 bad credit card in collections , that will fall of in Fall of next year. 2014.  I really cant wait that long as I a paying so much rent I have almost nothing left to live on.   So my question is if I go into a repayment agreement with the 2 debt collections, without a court order...I know the SOL will restart, what is the worse case scenario if I Stopped paying after 1 year?  Reason I am asking is I can get into the senior/disability apt. building if they see I am in a repayment plan, they will not check my credit once I am approved and moved in.     I think I know the answer to my own question, and that the debt collectors would/could take me to court and the the agreement would be court ordered and I would not break that agreement. And 2nd maybe a remote possibility that the 2 debt collectors would not take me got court, they haven't yet and it has been 5 1/2 years.    If I could wait it out Until the drop off date I would be approved but I just do not know if that is feasible .    I would like your intake on this if oyu may ? Thanks

ANSWER: Sorry I am late answering this question. I have been under the weather.  If you start paying it will start the S O L over and the creditors could take you to court. However, if Social Security Didability can not be garnished so if you do not own any other property, you are more or less judgement proof.  I never tell anyone to not pay their bills but in certain circumstances, you have to do what is best for you. I wish you the best with this,


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QUESTION: I had to stop paying when I became disabled as I did not have enough money. The 2 credit cards are due to fall off in a year, but I need the Low Income Apt. Now and the management co. said if I am in an repayment plan I would be accepted.    So even though the SOL has passed and they have never bothered me except with an occasional letter, if I reactivate the SOL by arranging a payment plan I can get approved for the Apt, then I would pay for a year and stop, the SOL would still be in effect so I know they could take me to court, and get a court ordered judgement to pay, I hate to be sneaky, deceitful, which is what I would actually be doing by preplanning in my mind to stop paying after I get into the apt. I am basically going to be homeless if I can not get into a low income apt.  If I could wait the year and 1/2 for it to fall of the management company would approve me as My report would be clean. I was told by the management company I would be approved either after the bad cards fall off or in a repayment plan.          I am in a dilemma..I know this is all a repeat.. I am sorry you are/were not feeling well.

Answer
As I said, sometimes we have to do what we have to do.  You do not want to end up homeless so I think the thing to do is to set up the arrangements ans get a place to live.  If they get a judgment and an order to pay, what will they force you to pay with?  If you have nothing but Social Security income it can not be garnished. So, that being said, there is not a whole lot they can do. Again, I wish you the best with this situation.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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