Are they going to try to settle the account, or send me to jail.
Under the law there is no difference between a "lawyer" who collects debts and a debt collector.
They cannot send you to jail. Credit card debt is a civil matter. The only thing that they can do is to take you to civil court to try to get a judgment against you. If they threaten to put you in jail, they have committed a crime.
Do not talk with them over the phone. They are trained to get the best of you, and they will use what you tell them against you.
The next time they call tell them that they have 5 business days to send you a letter explaining why they are calling you (that is the law).
If and when you get that letter from them, fire back with a "debt validation" letter. Make them verify that the debt is yours and that they do indeed have a legal right to collect from you.
Include a paragraph informing them that they must cease all collection activity until the debt is validated. Also, state that they can only contact you by mail to an address that you specify, and again only after the debt has been validated.
If you decide to settle, do not pay them a penny before you get a "pay for delete" agreement with the collection agency.
They can't send you to jail for credit card debt... If you have money in the bank you could offer to settle, but they won't take payments, you offer them half of the amount paid in one lump sum and they might take it.
If you can't do that all you can do is let him know how poor you are and tell him you'd like to settle in the future but you're unemployed or something and have no money at all at the moment. Ask him not to call you more than once per month, and politely and tactfully let him know that you really do want to settle it in the future but you can't right now and if they decide to sue you it will only push you into bankruptcy when you otherwise might be able to avoid it.
The last thing they want is for you to file bankrupt, because then you won't have to pay them anything at all.
Lawyers very rarely make calls in regards to debts. They will send a letter demanding payment within a certain time frame or they will take you to court. If it is a collection agency, do not give them any info in regards to your credit card or checking account. Don't even verify your home address if they ask.
Stay off the phone! That's the first thing. Second, get everything is writing. Third, DENY DENY DENY. Make them prove the debt is yours and that they are legally entitled to collect it.
And no you are not going to jail. This is just a B.S. (and ILLEGAL) scare tactic used. Don't let it rattle you.
Finally, get very familiar with FDCPA , FCRA and TCPA.
Go to debtorboards.com for more info and help!
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