Legal Question in Credit and Debt Law in Florida

Charged Off Debits

I have a credit card debt that has been charged off as a bed debit. A collection agency is trying to collect it. I am a substitute teacher without a regular salery, and now in the summer have no income. The collection agency calls almost everyday, but I barely have money for my rent this summer, and is not much better in the school year. I have medical problems that keep me from getting a stand up job to supliment my earnings. Do I have any obtions to get the collection agency off my back?I am even going to have to take public assistance from a food bank to help out this summer. What can I do?


Asked on 6/05/05, 6:59 pm

3 Answers from Attorneys

Jason Dvoracek Jason Dvorack

Re: Charged Off Debits

You should be able to stop the phone calls by sending the collection company a letter informing it that you consider the calls harassing and that you want it to stop. Therefore, the only communication that it should use is by writing. This will stop the calls but you will still have the debt. You may want to consider Bankruptcy, which would discharge the debt. However, you can only file once every 7 years so if you expect more debt you may want to wait so that you can discharge all of your debts.

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Answered on 6/06/05, 2:31 am
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Charged Off Debits

A credit card company may collect on a debt that has been charged off. The next time they call you should inform them not to call again and follow the conversation up with a letter. If they continue to call keep a log of the date, time, name of the person and employee number if they'll give it to you. If you are sued you may have several defenses depending on your facts and circumstances. 305-670-0373

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Answered on 6/06/05, 6:20 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Charged Off Debits

The previous replies are accurate. Short of bankruptcy, which if you are going to do..you should it before the effective date of the new law.. you may in fact be judgment proof. A consultation with counsel may be a worthwhile expense for you.

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Answered on 6/09/05, 11:34 pm


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