Okay I know this hole situation is our fault. My husband had to have dental surgery this year we did a fiance note through Capital one (the health/dental loan program). They sent us a bill our first bill(May 07) and we recived it past the due date (our mail service out here in bfe is awlful!) and they called us, two days letter they sent us an invoice for the May bill and the June Bill combined with the late charges. So I paid it and we would have had a credit for our July bill. I went on line to pay our July bill (20 days early!!) and saw that the account was past due. I thought it was werid so i called and low and behold they stated that we didnt pay our June bill!! Okay i asked what happed to the amount i sent with the May and June Invoice (thinking maybe they applied it to the principal) they stated they recived Mays bill but not Junes. But when you take what they say i owe (june and july) and what i have paid it only equals up to Julys bill amount that is owed and isnt due yet (at that time). Long Story Short i argued with them almost daily! For Several months, I know maybe i should have just paid it but heck its an additional 200.00 (for June) i didnt have plus the two 40.00 late payments they applied and I DONT OWE IT!! At that time Only Julys was due and it wasnt even due yet! Well they sent it to an attorney what is the worst they can do to us. We own our house and land they told us they would put a lean on the house. Well we own the house and land free and clear no mortgage, can they take the Lean and go through foreclose on the home?? What is the worst they can do to us?????? Should we be worried, they wouldnt even work out a payment plan nothing, we tried to make Julys bill but they refused it saying that they need Junes and the late fees that we didnt owe!
Oh the amount is about 2,978.00 so far but will probly be around 5k when its all said and done with attornys fees and all.
Thank you all very much for you advice and responces. I have since learned through you all and the Attorney General. They can lein your house but they cannot foreclose on it(unless the loan is for a mortgage, home equity loan, home improvement loan and any thing for which your house title is held for on a loan) and the debt company that is calling is actually a Scavanger Collection Agecy which means they actually purchased the amount owed for 0.05 for every dollar that was owed. So while they are screaming that I owe them 3000 (which isnt true if they applied my payments) None of that money will ever reach Capital one, because they purchased the debt for probly around 150.00 so after they add there so called "attorny" fees and intrest on top of what they "say i owe" they are making a very huge profit. And Many of these companies are on the Fortune 500 list. Its a big LEGAL SCAM!! They never have to report postive on your credit report. They actually report negative because you they offered you a "settlement" and you didnt pay the " original balance" in full they dont have to report to my credit report postive or that the Capital One Debt was paid. Because Capital One didnt get any of the money!! And depending on what you owe 99.99% of the time they never see a court room. Also if you are dealing with this be sure to deal with them in writing only, because if they threaten you with legal proceddings and they dont ever do it then the attorny general will go after them as well as Federal Office. They have violated laws. Also they cannot garnish your wages in Texas unless it for Child Support, back taxes or anything to do with Bankruptcy deals. So Thank you very much I have learned SO SO SO SO SO MUCH!!! YALL ARE THE BEST!!!
C., read this link
http://www.bcsalliance.com/y_debt_scavengers.html
some may not apply to you but it gives useful information about debt collectors and what they can and cannot do. Good luck.
Right now they are trying to scare and threaten you into paying the bill and that is against the law. Read up on the internet about fair debt collecting and what is legal vs. illegal. Also send the company a letter stating that they can only correspond with you thru letter, no phone calls.
If they do start a legal process, thru letter again, tell them you want to see all documentation they have regarding you and your account basically they need to prove their case. Following this if you get a letter talking about court dates, usually in another state, send them another letter stating that all court appearances must take place somewhere that is convenient to you. Most of these things will never make it to court as they'll go to arbitration. You want that arbitration to take place here in the DFW area so you can attend. When and if you ever go to arbitration, part of the deal must be that they can not put any adverse remarks on credit reports and when the debt is fully paid they must update your credit report with the info that it's paid in full and all remarks from the past must be removed. If I think of anything else I'll let you know. Don't be intimidated by these people, they are using horrible tactics to scare you.
Can you tell my husband has done this before with a credit card company??
If your home is your primary residence than you have a "homestead exemption" which means that a creditor cannot force the sale/touch your home.
I recommend checking with the Better Business Bureau. They can give you some helpful information if they have all the facts of your situation. The BBB is a trustworthy organization in Bryan, TX. I am sure the same would be true in your area. Also, your local state representative's office or your congressional representative's office could be of help. Don't back down to these guys. Best wishes to you.
They can`t do anything, they say that to scare you. Ask to talk to their supervisor.
If they put a lean on your house they cannot take it. All that a lean means is that when you go to sell the home or if you decided to refinance to get money out of the property then you would have to pay it. If a lean is placed on the home legally it has to be paid to sell the home and in most cases banks refinanceing your home will want it paid, but they cannot take your home by any means. Do not let them strong arm you, but do know that a lean is a pain in the rear. Worse case if you refinanced to take money out of the home your rate might be a little higher because of the lean.
I hope this helps.
They can put a lien on your property which may cause problems (need to be paid to clear title) if you ever wish to sell your property. In Texas you cannot be forced to sell your homestead property to satify consumer debt. The office of Consumer Credit (OCCC)for state of Texas can answer other questions you might have about dealing with the issue, finding an attorney or filing a complaint against this company.
www.occc.state.tx.us
Good Luck :)
Talk to a lawyer to make sure, but if they refuse a payment, doesn't that mean that you do not owe them anything? Make sure you have all of the documentation. (bank statements, canceled checks, etc.) Worse comes to shove, talk to your bank about a loan so you can pay this lien off and be done with it.
good luck!
K. L.
We had a lean out against us. But don't own a house. But most are right when you go to refinance or sell you will have to pay it. But also know that the longer you let it sit it will accumulate finacnce and interest charges. We filed bankruptsy to get our off. BUt ours was alot more than yours!! So maybe just keep putting back money and when you have the full amount get ahold of the attorney and settle it out right. Good Luck!
My dad is an attorney and he tried to negotiate and the attorney that bought our debt would not negotiate. I think it depends on the attorney that bought the debt from Capital One.
Don't get too upset. A lien on a house means that when you go to sell it you will have to pay what you owe to the person before the sale can be made. There is also a hierarchy of who gets paid first i.e. IRS and so on. My husband is a contractor and when clients refused to pay him, that is what we had to do. I think only the county tax assessor, homeowners association and IRS can foreclose on your home. Consult legal council.....I am not 100%. People will bark, but you have to know your rights. Do a lot of research and do not allow people to scare you. I have learned that knowledge is not power, but what you do with that knowledge will give you power.
C.,
You probably should consult an attorney about what Capital One's rights are, versus what your rights are. Most attorneys will do a one-time free consultation for advice. It sounds like a veiled threat to me. I have never heard of a creditor putting a lien on homes for a $3000 debt, but a lawyer could tell you for sure if they can do it and what you can do to prevent it.
Good luck & God Bless you!
Send them a letter by certified mail disputing the charges and pay what you owe them asap. Keep a copy of your letter and the certified mail receipt in a safe place. Make sure that you dispute the attorney's fees as you were not late on the payment. Try to get proof from your bank of the payment made and send a copy of this also. Creditor's can place a lien (abstract judgment) on your property but they cannot foreclose on the property. If you ever decide to sell your property, you will have to pay the amount due plus any fees to get the company to release the lien before you can sell.
Have you called Consumer Credit Counseling Services of Atlanta? Capital One SUCKS - they violate FDCP every which way, and I kept copies of everything they sent and everything I sent was certified mail, return receipt requested.
I'd call CCCS and see if they can help you - if they can, it's your best bet. Otherwise, I'd call Legal Aid and see if they can advise you.
S.
Contact an Attorney ASAP.. go to the State Bar Website and find one fast...
M.
You should contact Legal aid and get an attorney to assist you. An attorney could likely negotiate a reasonable settlement, taking into consideration the disputed facts regarding the late payments, etc. An attorney to attorney discussion will get much further than you arguing with the people in the office. At a minimum, perhaps you can negotiate the attorney fee charges since this reached the collections level over a dispute. The other posters are correct regarding the power of a lien, but if you can negotiate a lower amount it would seem to be in your best interests. I would not "worry" about it, but I would take action via a free attorney to negotiate a fair settlement. Good luck.
Sounds like you need legal advise. Fist I would put a call into the State Attorney General's offfice of your state and ask if they can give you some advise. You can find the number for the Attorney General's Office by going on line to you state (ie Texas) gov.com. Texasgov.com and find some numbers to help you. If you live in a state where your homestead is exempt from taxes, they cannot take your house. In Texas I believe your homestead cannot be taken from you for debts. Don't take my word, call your state government. J. Grizzle
If you don't have a note on your house, no one can take it from you. All a lien is is putting a stipulation that should you try to obtain any other funds, especially using your house as collateral, there is a note on your credit that you owe that company money first. It's more or less to scare away other lenders. Just be sure that you have EVERYTHING written down - dates, names, conversations, outcomes, etc - so that if and when you do have to go to court over this, you're prepared. In the meantime, keep paying what's due on time so you've got even more leverage and can prove that you are not attempting to default on the loan, and it's not just you said versus they said. They can obviously afford better lawyers and will do whatever they have to, so whatever you can do to prove without a sliver of a doubt that you are making an honest attempt at paying the loan is in your best interests. Good luck to you!
Have you Homesteaded your Home and Land? If not, FILE IMMEDIATELY with your county.
Then go to website www.budhibbs.com and see if the collection agency/lawyer Capital One is using is listed on his site. If the agency/lawyer is listed, it should tell you exactly what you should do. You can also email him directly or call his office for advice. However, please look at his website.....you'll be amazed how many of the pressing questions you have will be answered.
Good luck!
They can place a judgment against you, but they can not force you into foreclosure. If a judge allows them to place a lien on your house, you would just have to pay the judgment if you ever refinance or sell the property. A creditor (with the exeption of a mortgage company whose collateral is the home and/or land) can not take your home (in Texas) as a result of not paying a consumer debt. But be sure that you have filed your homestead exemption with your local county. Hope that helps.
Sounds to me that they are threatening you ! Your Dentist should have put you on a payment plan ! here in Texas my Dentist allows a payment plan ! Alot of times if you default on your credit card & don't make payments they send it to an Attorneys office to try and get them to collect ! I have had Attorneys call me here on my job on one credit card I let go back ! If they do put a lean on your home, really no big deal you just have to pay it when the place sales ! Hope this may help.
Have a great day !
Unless you specifically agreed to it in your loan document, the only way they can get a lien against your home is if they go to court and successfully get a judgment against you. They don't want to go to court any more than you do.
Even if they were successful in getting a judgment and placing a lien on your house (which would be tough if you are continuing to make payments as agreed), then you would not lose your home.
What would happen is that you would not be able to sell your home until you paid off the judgment, or the judgment would be paid first out of any proceeds from the sale of the home.
There is some place you can call. A medical commissioner. Not sure but keep trying. I do not think they can take your home if it is owned. Even in bankrutcy they can not take your home. I have always heard if you pay making some attempt will show good will. I would call
Dallas Bar Association
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G. W
Did you get copies of the cancelled checks from you're bank to prove you had made the payments? That may be where you need to start. Even though you tell them you made a payment, you need to be able to back it up with facts. If you can prove that the payments are made, you can fix this mess. If not, you may have to pay them twice. Expensive lesson, but always keep receipts.
My husband runs the mortgage and finance department of a well known credit union. I had him read your post and he can help you pay them off with a low interest rate loan from a credit union right away. I say get them out of your life and business. They sound no good to me, and if you have your property and home paid off they have no business pushing you around after you have already made so many wise financial decisions in your life... I do not agree with you that this is all your fault. According to my husband, they should have grace periods and be able to make at minimum one exception for you a year. They are not trying to work with you!! I am sorry you are dealing with this!!
Message me if you want his info!
~God Bless
C.,
Do not worry about a lien. I would worry about my credit history but not a lien. Erikka is right. They can only put a lien against you if you signed a contract with them that specifically states about a lien. But as far as I know only contractors can do that which is called a mechanic lien. I would not worry about your dentist. Yes they can go to court and get a judgement against you. And even if they get it and record it with the county it will only cloud the title on your home. They will not be able to do much about it because it is your homestead. And in Texas homestead rights are big! If you designated your home as a homestead, which I suggest you do it is actually the right time of the year to do so, they can not do anything about it. You can still sell your home with a cloud on the title, you just wont get the amount that you owe. That will go to your dentis. Just laugh about the threats they only do that because they know that most people do not know much about liens. Good luck to you!
Hi! I don't know anything about this kind of thing, but my husband does and he says they CAN lien your house. Wish I had better advice, but I wish you luck!!
Did you pay June's bill by check? If so go to the bank and get a copy of it. Send that to them (sertified/registered) and it should solve the problem. I am assuming that you live in Texas and if so you do not have to work with the collections agency. You can still and have the right to work with the Loan Holder:Captital One.
If they received the money and didn't apply it correctly they will correct it if you send them proof fom the bank. They can't forclose on you as you own the home/land. They can go to court to receive the funds owned or put a lean on other property that you have loans on (ie auto..).
Keep on them and document EVERYTHING! who you talk to what they said, dates, times. Keep a notepad specifically for that.
You can settle this with them. If you try to send a payment and they send it back it will work in your favor should it go to court(doubt it!!). Because it shows that they refused pament when you were willing to pay.
Hope this helps.
As far as I know, if they put a lien on your property it just means you cannot sell the home without paying what is due. Sounds to me like you need to call for some legal advice. There has to be some free legal services available out there.
Nope. They are LYING to scare you into paying the bill. This is one of their high-pressure collections tactics. It's illegal. Record them! If you get good dirt, you may have enough clout on your side to set your own re-payment terms. They don't get to make you homeless... they can just damage your credit to the point you must pay cash for everything you buy in the future from cars to houses - until your credit repairs.
