i got a call civil case being sued and he say i have been served told him i have not got served then he say there drop off in the mail box d...

Question

i got a call civil case being sued and he say i have been served told him i have not got served then he say there drop off in the mail box did not see ant thing there i know i own debt's out CREDIT CARD CHASE MANHATTAN BANK. he ask me to pay 8000,00

some i told hime i cant pay that he ask me how much can i pay i told me 250.00 month

for 10 thonth he say if i stop making the payment its like writing a bad check i gave him my bank card i dont know if he was trying to scard me to put me in jail did i do

right thing ? he say we had fine some thing in your contract. it just had a CREDIT CARD.

Answer

Its really hard to understand your question but I will try to provide an answer.

You made a terrible terrible mistake in giving someone whom you don't know your bank card information. You also made a terrible mistake in paying on an account to which you may not owe anything. Chase doesnt file lawsuits in Pennsylvania at this time, so that means that your debt was sold to a debt buyer. Those are easily beaten by a consumer attorney.

Consult with a consumer attorney before you make payment to a debt collector.

Answer

I agree with Attorney Artim. NEVER NEVER give out banking information over the phone to anybody. And never make a payment plan with a debt collector. Assuming that you owe the debt, then you save up to resolve the debt at some point after discussion of your circumstances with a lawyer. But no payment plans with debt collectors - too much can go wrong.

You got a call from a debt collector. Chase has not been filing lawsuits because it got into hot water with the FTC for falsifying court affidavits to complaints. Lately though it is not suing because Bank of America and Chase and other lenders are gearing up for a big audit by the Consumer Finance Protection Bureau. Right now, Chase is not selling accounts to junk debt buyers but they did this in the past. My guess is that you have an older account (which may even be barred by the statute of limitations) that Chase sold to Midland, Palisades or another junk debt buyer who has sent the debt for collection. You were called by the debt collector.

Tomorrow, first thing, you close your bank account and ATM card and get a new one. Second, my rule is that if debt collectors send you nothing in writing, you do not pay them a penny. The debt collector is required by federal law (FDCPA) as well as PA law (the fair credit extension uniformity act) to provide you with written information about the debt. They are supposed to send a letter within 5 business days after they make phone contact with you. You need to dispute the debt and get specifics. If they keep calling then you need to talk with a consumer lawyer like Attorney Artim about sending a nasty letter to the debt collector.

Thirdly, law suits are not commenced by phone call. Debt collectors lie. Frequently. If you were sued you would know about it because letters from bankruptcy attorneys and debt settlement companies would start appearing in your mailbox before you were even served. And you have to be served with the complaint, most often via the sheriff or by certified mail.

Get your bank account cancelled and then wait for that letter. If the debt buyer calls back, follow this script: (1) ask if the call is recorded; get the time/date of the call, the person's name and find out which debt collector is calling. (2) ask them if they sent you a letter about the debt as required by the FDCPA and PA FCEUA? If not, ask them to send to your home address and provide it. Then hang up. If they claim to have sent it, ask them to re-send because you never received. If they refuse, hang up. If they try to get payment information out of you, tell them that you have spoken to an attorney and that you were advised of your rights under the FDCPA and FCEUA and that any discussion of payment is premature until you have received written notice about the debt. Hang up.

I doubt you will make it very far in the conversation before they hang up on you. However, I would then get up with Attorney Artim or me or another FDCPA attorney and discuss this.