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ridleylaw814 karma

That kind of behavior is completely unacceptable. Threats = bad. False representations = bad. Refusing to stop contacting you when you ask to = bad. These cases make me happy, because they're satisfying, and result in a great outcome for my client.

Log everything. Every call, phone number, date, time, name, and what they say.

Then call a NACA member. Based on what you're telling me here, the violations of FDCPA and Rosenthal are stacking up left and right. This is the kind of case I jump all over, because: *They will stop calling you *You may be entitled to up to $1,000 for FDCPA and up to $1,000 for Rosenthal violations *Your attorney's fees and costs will be paid for by the Creditor *It may be possible to get your liability for the $1700 cleared as well.

No guarantees, of course, on any of this, but you're describing my favorite case.

ridleylaw721 karma

I am so sorry to hear about your situation. This is so normal and so typical of the people I talk to every day. Good people just have stuff happen sometimes.

You absolutely cannot beat yourself up, or place stress on yourself, over extrinsic events which cause situations like these. Life happens, and as long as you can keep some perspective, keep your family intact, and realize that your finances are just a business transaction, you'll be fine.

Your finances are not your self-worth, please don't buy into that lie.

I would very seriously consider a chapter 7 bankruptcy. If you qualify, it's a short and simple process that provides immediate relief. The instant we file a bankruptcy petition, all creditors must stop all collection efforts - calls, letters, litigation - everything stops instantly. Anyone who pursues collections has violated an order of a federal court, and is subject to sanctions for contempt.

In a chapter 7, something like 98% of the time, the debtors can keep all of their property and possessions, the case is over in about 110 days, and you get a 'do-over,' courtesy of the US Congress, who managed to get one thing right.

I cannot tell you how often my bankruptcy clients tell me about the profound relief they feel once their debt is discharged. It's a palpable, physical relief that permits you to be a better parent, spouse, and employee, because a giant monkey is lifted from your back.

I hope this helps.

ridleylaw491 karma

That's a GREAT question. I think it's the next explosion waiting to happen in the US. It's also keeping an entire generation away from purchasing homes or otherwise increasing their standard of living, because of the choke-chain of student loan debt.

I counsel a lot of student loan debtors, and the stories I hear are terrifying: $300-400k in loans. There's no way anyone is going to pay that back in their lifetime, and their income is certainly not going to increase proportionally to that expense.

I think the solution has to be to make student loans, under some conditions, dischargeable in bankruptcy - BUT - make the schools responsible for some of the debt that's forgiven, since the schools are complicit in encouraging students to rack up this debt, and the schools are increasing their fees, in part simply because of the availability of "free" student loan money.

ridleylaw419 karma

That's an unqualified "hell yes."

High schools and colleges provide ZERO education on personal finance, personal economics and the practical knowledge we all need to function in this complicated world.

I have been thinking about this recently; my kids are all in late high school or college, and I was struck that they received no formal personal finance education at all. Clearly, we've browbeaten them with this stuff, as the sons of a lawyer who is neck-deep in it all day long, but their cohort is essentially financially illiterate. And I mean a cohort of VERY bright people - they've simply never learned about how money works, and notably about their rights when bad people try to take advantage of them.

ridleylaw352 karma

I should have certificates printed for my clients. Thank you for the very kind feedback.

I give a version of this talk to every client. People need to separate their self worth from their finances. Shit happens. It doesn't make you a bad person. Get on with your life.