Expert: Apex Credit Services, LLC - 12/25/2007

Question
My husband is disablied,8 years ago. I can not pay my credit cards or a past cellphone bill they have been charged off on my credit, however they have been sold to a collection agency who calls my work, I will be fired if they continue which they are doing even after I tell them it is a charge off and I can not pay. I am 61 yrs old and a diabetic. I do good to work 30 - 40 hours a week. I was told since they do not have a signed contract between the collection agency and me, they can not legally do anything as they are threatening, lawsuit etc. We live in a camper owned by our daughter, no savings etc. Just social security and what I earn, no property etc. Can they continue to harass me at work, on the phone, letters,etc? Can they do anything else to me?
The bills in question are in my name only.

Answer
Lilly:

    I am sorry to hear about your unfortunate situation.  Unfortunately, these debt purchasers/collectors are not anywhere near as sympathetic.  

    With that said, you need to send written communications to the aforesaid debt collectors wherein you request that it is inconvenient for them to contact you by phone anytime, anywhere and that all future collection activities must be reduced to writing.  They must comply pursuant to the FDCPA or violate the applicable provisions thereunder.

     What you were told with respect to possible litigation is misplaced.  Distressed debt purchasers can and do institute civil actions against consumers all of the time without any chain of ownership.  In these events, they offer no proof or merely Affidavits.  However, you must file a responsive or dispositive pleading to any Complaint you receive.  It isn't a matter of that they "can't" sue you rather, you must show that they do not possess the evidence necessary to show that they own the subject account, it is yours, and that they have the right to enforce it.

    As to your last question regarding what in addition they may elect to do, that depends on the jurisdiction.  Of course, they cannot attach property which you do not have.  They cannot levy accounts with no funds.  However, they may garnish your wages (but, not SSI or Disability unless a student loan) if, again, they sue you, prove their case (or you fail to appear), and obtain judgment.

     Apex Credit Services, LLC