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Collections Law/co. signers rights.

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Question
rec en, tly I have found out that a loan that I cosigned with my sister in 2008 has been in default and the collectors are coming after me. I pointed the collectors in the right direction of establishing connections with my sister in setting up a payment plan but now the collection agency is still calling me asking for more money which I do not have since I am a medically retired veteran and a full time college student who is married And paying two mortgages.I have already told this collector that I want A copy of the original contract to be seen by on base lawyers and to know what are my rights in for going this matter before I make any payments.since there is a payment arrangement with the primary Signer, do I still have to comply in the collectors request of making payment arrangements with them?

Answer
Thank you for your question.  According to the Fair Debt Collections Practices Act (FDCPA) you have the right to request validation of the debt.  Put your request for documentation in writing and send it to the collection agency certified.  The unfortunate part of this scenario, is that as a cosigner, you have the same responsibilities and are equally liable for the debt as the main borrower.

One thing that I would suggest is that you keep a collection diary. Document all conversations and correspondence so you will not have to deal with "he said/she said" later on.

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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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