Are we still legally liable for this debt after 3 years?

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sixone

Lifer
May 3, 2004
25,162
4
61
Originally posted by: Homerboy
So... Are you going to actually talk to a lawyer now and find out what your legal rights are, or are you going to keep arguing with a bunch of ATOT addicts with a moral superiority complex?

Genius, the collection agency is required by FDCPA regulations to explain to him his legal rights.

And I'm sure they're entirely trustworthy. :roll:
OP, don't believe anything they won't put in writing.
 

Fingolfin269

Lifer
Feb 28, 2003
17,948
31
91
I'm with the OP on this one assuming the story is true. It sounds like you tried to give it back and they did not want it back at the time this happened. Now it sounds like they wanted you to be a savings account for them and they have showed up ready to withdraw. Pretty lame imho.
 

UDT89

Diamond Member
Jul 31, 2001
4,529
0
76
honestly......talk to the school.

i bet they'd settle for 3.5k

i do this part time at my job to help another department. we settle all the time, people just need to ask. and settling IS NOT admission of guilt.
 

Trevelyan

Diamond Member
Dec 10, 2000
4,077
0
71
I would call a lawyer... it's definitely worth it for this amount of money.

Sooo, that's the very first step at this point.
 

bucwylde23

Diamond Member
Apr 21, 2005
4,181
0
71
Originally posted by: Fingolfin269
I'm with the OP on this one assuming the story is true. It sounds like you tried to give it back and they did not want it back at the time this happened. Now it sounds like they wanted you to be a savings account for them and they have showed up ready to withdraw. Pretty lame imho.

Same here, although I probably would have tried a bit harder to give the money back. I hate situations like this and would have made extra effort to avoid it. If you bugged them enough they probably would have taken it back. If anything you should have had whoever told you that they couldn't take the money back, document it on paper for proof.

documentation = gooooood
 

Homerboy

Lifer
Mar 1, 2000
30,856
4,974
126
Originally posted by: sixone
Originally posted by: Homerboy
So... Are you going to actually talk to a lawyer now and find out what your legal rights are, or are you going to keep arguing with a bunch of ATOT addicts with a moral superiority complex?

Genius, the collection agency is required by FDCPA regulations to explain to him his legal rights.

And I'm sure they're entirely trustworthy. :roll:
OP, don't believe anything they won't put in writing.

There are good collection agencies and bad ones... I can only speak of the good ones.
Again they MUST adhere to the FDCPA guidelines TIGHTLY or pay very VERY stiff fees
 

sixone

Lifer
May 3, 2004
25,162
4
61
Originally posted by: Homerboy
There are good collection agencies and bad ones... I can only speak of the good ones.
Again they MUST adhere to the FDCPA guidelines TIGHTLY or pay very VERY stiff fees

Only if they get caught. Don't put your trust in someone who has a financial interest in being dishonest.
 

Damn Dirty Ape

Diamond Member
Nov 1, 1999
3,310
0
76
Should have known this would come and have at least put them into a savings account and not spent it, or better yet never cashed them.
 

bucwylde23

Diamond Member
Apr 21, 2005
4,181
0
71
Originally posted by: Hellspawn
Should have known this would come and have at least put them into a savings account and not spent it, or better yet never cashed them.

Not trying to be a jerk like others have been, but he said he said he hasn't spent it, and it was direct deposited.
 

ahurtt

Diamond Member
Feb 1, 2001
4,283
0
0
Originally posted by: Hellspawn
Should have known this would come and have at least put them into a savings account and not spent it, or better yet never cashed them.

Go ban yourself. This has been covered ad nauseum.
 

jtvang125

Diamond Member
Nov 10, 2004
5,399
51
91
Geesh just pay it back and move on with your life already. Atleast then you'll sleep a lot better at night knowing you did the ethical and legal thing.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
Originally posted by: ahurtt
Originally posted by: Homerboy
I was more thinking along the lines of offering them 25% as they will no doubt haggle for more beyond what my initial offer would be.

So... wait.. now you ARE going to pay it back? And with the collection agency? You certainly are all over the board here.

I really don't know what the hell I'm going to do. I'm still too angry about the way they the school system is handling this to think rationally. I guess it will end up depending on who I have to deal with. Once the anger subsides I'll decide what to do next.

And for all the douche bags with their moral superiority complexes, I hope this exact same situation happens to you some day and then see what tune you're whistling. Easy to sit on the fence and judge people you don't even know a lick about except for one misfortune they posted on a discussion forum.

i have been in that situation. after i found out i owed them the money we paid up. it was not mine. though they did try to charge me interest and a bunch of bs fees. i told them i would pay what they were owed and that was it. if they wanted more they should sue me. they didn't and i paid what i owed them.

you are right. all we know about you is that you are willing to make excuse after excuse to get out of paying something you owe. You know you owe the money and say you want to repay them but still have not and you continue to make excuse's.

 

codeyf

Lifer
Sep 6, 2000
11,854
3
81
Originally posted by: ahurtt
Originally posted by: Hellspawn
Should have known this would come and have at least put them into a savings account and not spent it, or better yet never cashed them.

Go ban yourself. This has been covered ad nauseum.

Ad nauseum FTW!
 

judasmachine

Diamond Member
Sep 15, 2002
8,515
3
81
Originally posted by: ahurtt
Originally posted by: MrChad
Originally posted by: Vic
Sorry, you should never have cashed the checks.

Agreed.

see above. There were no checks. Electronic deposits FTW! next!?

did you spend any of it? you got the stubs, that should have told you to remove that money or send it back. it was not a free ticket to spend the money.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
Originally posted by: judasmachine
Originally posted by: ahurtt
Originally posted by: MrChad
Originally posted by: Vic
Sorry, you should never have cashed the checks.

Agreed.

see above. There were no checks. Electronic deposits FTW! next!?

did you spend any of it? you got the stubs, that should have told you to remove that money or send it back. it was not a free ticket to spend the money.

sigh. i agree with the OP on one part. read the thread.

i think he only said it what 4 times? he did NOT spend the money.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,591
5
0
By having a collection agency being involved; it makes it more difficult to clear it up.

By following the advice I posted above; you cut the legs off the agency - nothing will be able to show in the credit report against you.

You apparently made a half hearted attempt and talked with someone who had no idea of what to do about the situation. That then "satisfied" your conscience at that point.

Now your actions have caught up with you. You get one chance to take the offensive without exposing yourself to problems. Take the opportunity of their (county) confusion and let them figure out the paperwork when they have the funds in hand.
 

ahurtt

Diamond Member
Feb 1, 2001
4,283
0
0
Originally posted by: EagleKeeper
By having a collection agency being involved; it makes it more difficult to clear it up.

By following the advice I posted above; you cut the legs off the agency - nothing will be able to show in the credit report against you.

You apparently made a half hearted attempt and talked with someone who had no idea of what to do about the situation. That then "satisfied" your conscience at that point.

Now your actions have caught up with you. You get one chance to take the offensive without exposing yourself to problems. Take the opportunity of their (county) confusion and let them figure out the paperwork when they have the funds in hand.

Half hearted my ass. Half hearted would have been if I called them one single time to stop the payments and then never said anything again after the payments didn't stop after the first call. But we had to call them repeatedly just to stop them paying my wife. We did a hell of a lot more than probably 95% of other people would have done especially in trying to return the money in the first place. So don't give me that half hearted bullshit. Otherwise, thanks for your advice.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
Originally posted by: ahurtt
Originally posted by: EagleKeeper
By having a collection agency being involved; it makes it more difficult to clear it up.

By following the advice I posted above; you cut the legs off the agency - nothing will be able to show in the credit report against you.

You apparently made a half hearted attempt and talked with someone who had no idea of what to do about the situation. That then "satisfied" your conscience at that point.

Now your actions have caught up with you. You get one chance to take the offensive without exposing yourself to problems. Take the opportunity of their (county) confusion and let them figure out the paperwork when they have the funds in hand.

Half hearted my ass. Half hearted would have been if I called them one single time to stop the payments and then never said anything again after the payments didn't stop after the first call. But we had to call them repeatedly just to stop them paying my wife. We did a hell of a lot more than probably 95% of other people would have done especially in trying to return the money in the first place. So don't give me that half hearted bullshit. Otherwise, thanks for your advice.


heh

while not halfhearted you did not try hard at all.

but he did give you some great advice. i would do it if i was you.
 

Ryan

Lifer
Oct 31, 2000
27,519
2
81
Originally posted by: ahurtt
Originally posted by: Ryan
Originally posted by: ahurtt
Originally posted by: amdskip
I would almost think that you would need solid documentation of you trying to give the money back to prove no wrongdoing on your part.

Irrelevant. Even had I not tried to give back the money (which I did) there was still no wrongdoing on my wife's part or my part.

Did you spend the money? Their negligence does not overshadow your own if you spent the money.

For about the 100th time NO.

Still, their negligence does not overshadow your own. Give them the money back, or your credit report is going to start looking really pretty........
 

yowolabi

Diamond Member
Jun 29, 2001
4,183
2
81
I'm confused by this thread. OP claims he hasn't spent the money, yet he keeps giving arguments why he shouldn't have to give it back. If OP truly kept the money it was because he knew it wasn't his to spend. Now the rightful owners have come to collect, and he's claiming they aren't entitled to it?

I also read some gibberish about holding his credit score hostage. If OP gives the money to the rightful owners as he always planned, exactly how is anything taken hostage? Of course i'm assuming the goal of the collection agency is to collect money and not to ruin credit reports.
 
Nov 5, 2001
18,367
3
0
OP is just an asshat hoping someone will tell him what he wants to hear. He's made that abundantly clear with his responses. Just quit wasting your breath...it's HIS credit report and legal hassle to worry about....
 

Nutdotnet

Diamond Member
Dec 5, 2000
7,721
3
81
Originally posted by: yowolabi
I'm confused by this thread. OP claims he hasn't spent the money, yet he keeps giving arguments why he shouldn't have to give it back. If OP truly kept the money it was because he knew it wasn't his to spend. Now the rightful owners have come to collect, and he's claiming they aren't entitled to it?

I also read some gibberish about holding his credit score hostage. If OP gives the money to the rightful owners as he always planned, exactly how is anything taken hostage? Of course i'm assuming the goal of the collection agency is to collect money and not to ruin credit reports.

I'm thinking the same.

OP- If you haven't spent the money what's the problem? Why not give it back?
 

BigJ

Lifer
Nov 18, 2001
21,335
1
81
Originally posted by: EagleKeeper
By having a collection agency being involved; it makes it more difficult to clear it up.

By following the advice I posted above; you cut the legs off the agency - nothing will be able to show in the credit report against you.

You apparently made a half hearted attempt and talked with someone who had no idea of what to do about the situation. That then "satisfied" your conscience at that point.

Now your actions have caught up with you. You get one chance to take the offensive without exposing yourself to problems. Take the opportunity of their (county) confusion and let them figure out the paperwork when they have the funds in hand.

Just wondering, why would nothing be able to show up on his credit report?
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
Originally posted by: Vic
Sorry, you should never have cashed the checks.

Yeah.

I can't quote on the legal obligations, but I am willing to bet it's more than 3years on a public(government) school. Plus they have pretty much unlimited funds to fuxor you.

Morally you were extremely wrong to collect that. I give you kudos on paying taxes on it, but they don't really need to reimburse you on that either.

I would ask for a settlement or payment plan.

If you really wanted to do the right thing in the beginning, you should have written VOID on the checks and returned them to sender once opened and enclosed a letter that they did not work there anymore.

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