Stop making payments due death and job so they call over the phone saying that they are taking me too court.. Call the number and the guy said the bank would be taking me too court, if I could clear up the matter. My reply was that I would be willing too clear this up. After a short pause he returns and the company wants me too pay 145.00 for 6 months, I said there's no way I can pay. My response was I could do $75.00, and they refuse the offer and said they would see me in court
You have had very severe hardships. I hope things get better in your family really soon.
Personally I think the amount of money at stake is not enough for them to carry out their threat of suing you as long as you consistently pay as promised.
To fix this for you, we need to first understand our playing field. That said, they already did "work with you." They loaned you the money you asked and you agreed to pay it according to certain terms. They already did their part, didn't they? Remember, they are not your friend, not your neighbor, not your family. They do not have to do anything for you beyond loaning the money. This was strictly business, for them and for you.
Now that we understand the playing field, let's fix this for you, OK?
As I said, I do not think they will really sue, least not at this stage.
My advice to fix this: Follow this script exactly, call them Monday morning and read this to them on the phone:
"I wrote you a very short letter, but I'll just read it to you right now. It says I am going to send $75 a month without fail - I know you are not happy with that, but it is all I can do after a death in my family and income loss; I understand you might sue me; I don't care if you do, it is your legal right to do that; I get it, and I understand; but whether you sue, or keep up the collection pressure, I do not hold that against you, I know it is your job and you do it very well - however I will keep sending the same $75 per month without fail regardless of what you say or what you do until I pay in full. It makes no difference to me whether you like this arrangement or not. This is a small debt and it is not a matter of life or death to me, like my family has just gone through losing a very dear loved one. I just wanted you to know all of this and that is why I have called you today. I will send my first payment on (tell them the date). By the time this is all over I hope you will have greater respect for me and see me as a person. That's all I have to say, and you just do what you need to do, I don't mind, and I will just keep paying what I have promised to pay."
That's my script for you. If you decide to use it, please let me know how things work out.
Frankly, more than half a century ago I was dreaming about becoming a lawyer someday and I was employed as a small debt collector helping to work my way through college, I worked first at a bank, then a psychiatric medical clinic, (that was a CRAZY place to work, the doctors and therapists were crazier than the patients, but I loved it) and then at a collection agency. If a debtor had ever told me all of that under the same circumstances that you have, I would have caved in and left them alone to pay as they promised.
Debt collectors work on a commission basis, and will tell you anything to separate you from your money. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced VA Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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Yes, they don’t have to work with you on terms that are affordable for you. They might take a lump sum settlement if you can scrape that together somehow.
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Yes. There is no requirement that the bank accept any sort of payment arrangement with you on the debt.
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