1 1/2 years ago I hired out a movie and returned it,to the desk before the due date. Now, after all this time and no contact I have began receiving letters from a debt collecting company demanding payment for the movie, saying it was never returned.I called the company several times and explained that I did indeed return the movie, and remember the date as it was the day of my birthday party so it stuck in my head. They told me that the video store refuses to believe me, as they cannot find it and the other day I received a letter saying that they are going to file a Judgement with the Court and obtain an Attachment of Earnings or Warrant (to cease my property or wages). I called them again today and said this is ridiculous. They are causing my young family and I great stress, and I refuse to pay them the 6 they are demanding because it is so unfair and unjust. What can I do about this (besides just giving them the money to have them leave me alone)? I cannot afford a solicitor
The funny thing is Adam_k, it WAS Blockbuster! I didnt want to mention any names so left it out. Also, I am in NSW Australia. Is there anyone from my area who may have an idea? Thanks everyone for your replies. They are very helpful.
Are you thinking about selling your home yourself? then
In the US you can go before a judge & have the case heard in small claims court & go after them for distress. If that’s an option for you then I say do it. You aren’t issued a receipt to prove it’s return then you can report this as a fraud attempt against you. Don’t put up with it because it’s harrassment.
Hope this helps.
You have every right to be angry and refuse payment… But at the end of the day, if they take you to court it is going to be your word against theirs. Do you have any proof, other than your own memory, that you returned the video? If not, then I personally would just pay the $166 to get them off my back.
Its unfair but IMO its not worth going to court and ruining your credit over.
In the US, this is exactly the action a debt collector will take. There will be a hearing in front of the court, and the court will determine whether or not you are responsible for the debt. If it determines you are responsible, then you will be held responsible for not only the cost of the video, but also any court costs involved.
Once the decision is made, then yes, the company can file with the court to have your wages garnished until the debt is paid off.
Whether or not you returned the video, if this nutty company wants to take up the issue with you, THEY have the burden of proof-in small claims court, the plaintiff has to prove what they’re saying, and if they can’t they are OUT OF GAS…
NO JUDGMENT can just be ‘filed’ willy-nilly; firstly, they would have to file a small claims complaint against you. Next, you are entitled to be notified of this filed complaint, and until u are, nothing really happens…once you receive the complaint, you have a chance to respond, and you just write that you know u returned it, that it’s been soooooooo long, it doesn’t even make sense that they’d contact u out of the blue, and u are sure u returned it—–THEY will have to PROVE that u didn’t return it (more likely than not in smal claims)…it’s very doubtful that they’d waste their time on legal fees, time in court, etc., for $166 bucks—also, the movie place is obligated to mitigate their damages, so to let the movie problem sit around 1 1/2 years w/o contacting u, and let it grow to $166 isn’t going to fly in small claims.
It sounds like someone at that movie place started getting caught up on the books, or maybe a new manager took over and wanted to clean up the books, and inadvertently acquired the assistance of an unscrupulous debt collector (when they tell you they are filing a judgment and haven’t even gone thru small claims yet, they are FULL OF IT), and just trying to scare u into paying a debt U DO NOT OWE, so they can get their cut of the money…
Earnings can be attached only in certain states-everything depends on where you live…bank accounts, job earnings and property liens all depend on where u live…
Please google up a Cease and Desist order—–a good one is free to copy online–crap, i 4get the name—should be lawrence s. rubin, debt attorney-he has free form letters u just print out, fill out, send in, and ignore those phone calls-don’t answer them, and if u do, don’t speak with them-just hang up, or get their name, their supervisor’s name, their company name and address, take note of it, and tell them if they’re trying to tell u something, SEND IT IN WRITING, that you cannot discuss legal issues over the phone…DO NOT LET THEM INTIMIDATE U–it’s not ur fault—best, becca
There is a law for consumer rights. Any debt collecting agency causing any emotional or mental distress can be sued and you can take them to court for this. Debt collectors are not supporsed to ring a million times and also I would suggest getting a witness to atest to the fact that you returned the movie if you dont have anything in writing. If they see that the company is going over the top sometimes the debt collectors will settle. Its most likely the fault of the store, they probably lost the dvd and put the blame on you. who knows people are mental these days. I hope this helps. But they cant do that you just to make it clear, and this law it really does exist just do your research.
I can not hardly believe this – some nerve of the video people. I would contact your local BBB and consumer protection and let them know what is going on. They in turn if find bad business practice will take care of the Co. that is being way out of control.
If I remember correctly, there was a class action suit filed against Blockbuster not too long ago regarding abusive late fee charges.You might want to review this judgement to support your rights. Also, as a previous responder has said, correspond only in writing; do not talk to anyone concerning your issue with these people. As was pointed out previously you have rights and cannot be railroaded. You must receive a copy of everything that is deposited in court concerning yourself and you have the opportunity to reply.
What is important is not to ignore court notices.
As far as threatening phone calls go, there are consumer protection rights in almost all jurisdictions. Make yourself aware of them and repost in writing accordingly.