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"Should I Pay Debt Collector Or Original Creditor" Discussion

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Professional Q&As for "Should I Pay Debt Collector Or Original Creditor"

Upsolve Community Member
2021-11-23

If I decided that I didn't want to file for bankruptcy, do I have any rights against the collections agencies? Is bankruptcy the only way to get them to stop?

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Community Replies:

Upsolve Community Member
You do have rights against collection agencies and debt collectors under the https://upsolve.org/learn/fdcpa/. Of course that won't prevent them from trying to collect the debt, it just limits what they can do. 

Upsolve Community Member
Here's a few resources that can help! 

Upsolve Community Member
https://upsolve.org/learn/happens-debt-goes-to-collections/

Upsolve Community Member
https://upsolve.org/learn/dealing-with-debt-collectors-when-you-cant-pay/

Upsolve Community Member
2021-12-20

How can I get these car note collectors off my back.car broke dwn in two months by they want 17,000

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Community Replies:

Upsolve Community Member
Hi JD! I', you are having a difficult time with collectors bugging you! Here is an excellent section on CARS in the Upsolve Learning Center: https://upsolve.org/learn/category/cars/. There is also an excellent article there on https://upsolve.org/learn/dealing-with-debt-collectors-when-you-cant-pay/

Upsolve Community Member
There's several different options for dealing with your debt- that article Mark shared is a great one. 

Upsolve Community Member
Keep asking questions as you have them! Thank you! 

Upsolve Community Member
2021-11-19

What do you do when they're calling you but you aren't paying on your debts?

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Community Replies:

Upsolve Community Member
This sounds stressful, Athena. https://help.upsolve.org/hc/en-us/articles/360019367693-How-does-bankruptcy-work-if-I-m-retired- Does this help? 

Upsolve Community Member
You might want to consider your different options for dealing with the debt- some options include debt consolidation, negotiating with the creditors, and filing for bankruptcy. You can learn more here if you want :) https://upsolve.org/learn/debt-consolidation-vs-bankruptcy/

Upsolve Community Member
After you file they can't call you anymore. I decided to file bankruptcy because they were calling so many times every day and I still couldn't pay them

Upsolve Community Member
2021-11-28

I’m on ssdi-I also have long term disability income from insurance I had bought thru my employer before I became disabled. Just going through a NASTY divorce, custody of my children was awarded to my ex because of my disability & now I have to pay child support. Is my income exempt from garnish by creditors?

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Community Replies:

Upsolve Community Member
This is a great question, thanks for asking. 

Upsolve Community Member
It depends on the specifics of your circumstances- but this might help you learn more! https://upsolve.org/learn/debt-collection-on-disability/

Upsolve Community Member
https://upsolve.org/learn/child-support-garnishment/

Upsolve Community Member
2021-12-02

My uncle (who was like a dad) passed away last year and back in 2015 gave me $9,000 I wrote him a note just because I thought I would pay him back but fell on hard times now his daughter (adopted) got nothing in his will so is trying to sue me for the money + interest can she do that? I never made payments or anything because he told me it was a gift then he remarried about 2 years ago and his new wife got his estate she said she had a note from me it was not notarized or anything can they go after me?

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Community Replies:

Upsolve Community Member
I'm sorry to hear about your uncle passing away. :( There are a lot of different legal considerations in your situation. Contact an attorney or a local legal aid office right away if you receive legal papers for a lawsuit. You could also contact a Consumer Protection attorney if you want to learn more about your rights and debt collection. This article explains how a Consumer Protection Attorney can help: https://upsolve.org/learn/what-is-a-consumer-protection-attorney/ This article has information on how to get free legal aid help: https://upsolve.org/learn/how-to-get-free-legal-aid-help/ There are also statutes of limitations on debt, so this article on time limits and old debt might give you a little peace: https://upsolve.org/learn/statute-of-limitations-debt/ 

Upsolve Community Member
Jacqueline shared some really helpful information- start there and circle back here if you have any further questions. Lawsuits can get complicated, and we don't offer legal advice here, but we're here to help point you in the right direction. 

Upsolve Community Member
Thanks for asking. 


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