lost job and debt collector is down my throat
I currently live in the state of Kansas. I am paying off a credit card debt that I fell behind on after my divorce from my ex husband in November 2010. My credit card was 4,900 and has been accruing interest since April of 2010 when my job starting giving me less hours and I was unable to pay.
The current balance before I started paying was $5,782.00 I lost my job in May 2010, was unable to find work at that point. I was able to get a seasonal job but not enough to pay that plus my living expenses as a college student.
In November 2010, I started receiving phone calls from a debt collector threatening to sue me and that it was my fault for the debt. I was able to start paying them Feb 18, 2011 in the amount of $200. Again they received another payment of $200 on March 17, 2011. I set up payments and have been paying them up to November 2011. I have not missed a payment except one time and I turned around and made up that payment. I pay $107 a month. I have recently lost my job and I can not make my December payment, I was told my account was pre-legal before and nothing could be done at that time( I was having problems making my monthly payment)
I need to know what action I can take since I am no longer employed and I can't get back to my other job until the start of the semester. Can they put me on deferment or something of that nature until I can get back on my feet? I'm really at my wit's end and I'm really worried on what to do.
Reply from DebtCollectionAnswers.com
The bottom line is that you can only afford to pay what you can afford to pay. If you aren't working, or aren't making enough to meet your living expenses, then you may simply not be able to pay them as soon as they want.
There's no requirement that the collector accept whatever you can afford to pay, or that they allow you to stop making payments because you aren't making enough to keep that up.
So in that respect, if you stop paying you'll have to deal whatever the consequences are. That could include the collector suing you. (But that doesn't mean they will, either. It doesn't sound like there is much they could go after even if they did get a judgment against you.)
It does raise our eyebrows a bit when we read statements like this: "I started receiving phone calls from a debt collector threatening to sue me and that it was my fault for the debt." If they threatened to sue you and didn't, then it could be an illegal threat (threatening to take action they don't intend to take is against the law.)
There are a couple of ways you could approach this. One would be to talk with a consumer law attorney to find out whether the collection agency has been following the law in its attempts to collect from you.
Another would be to send the collection agency a letter stating your situation and asking them not to contact you again. This does not protect you against being sued, however.
You can read our information on using a cease and desist letter to stop a debt collector.
Another would be to consult with a
bankruptcy attorney to find out whether you need to consider that option for dealing with your debt. That may not be necessary if you are not making any headway with your debt you may need to consider that route.
We hope you are able to find a way to resolve this.
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