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ms.smiler

(551 posts)
37. badtoworse, it’s a pity you lack an understanding of the debt collection racket.
Tue Sep 23, 2014, 07:23 PM
Sep 2014

As an honest business person, I use the appropriate word “racket” rather than industry as I am unable to recognize legitimate commerce in their transactions.

I imagine you think that banks and credit card companies put their own money at risk by funding purchases of televisions, clothing, automobiles, home goods, etc. If so, that’s incorrect. Car loans, student loans, mortgages and credit card debt are all funded the same way - by investors in securities.

All sorts of debt is sliced and diced, bundled into securities and sold to investors. Their money funds new loans and credit cards. Consumers might pay say Citi Card and think they are paying the lender but they are not. The payment ultimately goes to investors and Citi, with no money at risk, is guaranteed to make money from large fees and commissions for managing the investments.

When an alleged or actual default occurs, insurance known as Credit Default Swaps may pay the investors and Citi as well. Citi might sue the consumer but it’s more likely they will sell the debt collection rights to a debt collector for .03 to .05 on the dollar. That company will seek a windfall and attempt to collect or sue for 100% of the original debt amount plus fees and often illegal amounts of interest.

When these companies sue they usually don’t have lawful proof of the debt including a contract and full accounting of the alleged debt. Just as in mortgage foreclosure, these companies will submit robo-signed Affidavits to courts as proof of the alleged debt and default. If the consumer does not defend, a default judgment is likely despite the unchallenged fraud and the resulting judgment can be executed against property, bank accounts and paychecks.

If you borrow $20 from a coworker at lunch, it’s a valid and honest debt which you should do your best to repay. But if you are purchasing a mortgage loan, a car loan or making purchases with a credit card, it would be prudent to understand the full nature of the transaction and how our financial industry operates and how they misuse our courts.

You would be mistaken if you suspect or believe that debt collectors or banks or credit card companies, (banks again) make the investors whole from the money collected or garnished from consumers.

Tell me please, can you identify anything fair in this scheme?

Recommendations

0 members have recommended this reply (displayed in chronological order):

Simple solution: If you're carrying debt, pay it off. badtoworse Sep 2014 #1
Overly simple solution tkmorris Sep 2014 #2
If you're going to lose part of your check to a garnishment,... badtoworse Sep 2014 #5
In other words, choose to pay your debt rather than eat AZ Progressive Sep 2014 #14
If you're dealing with a potential garnishment, a judge will decide how much can be garnished. badtoworse Sep 2014 #20
I know someone that had $2 of her $8.25 wages garnished hobbit709 Sep 2014 #21
There are two sides in a situation like this, which is why a judge makes the call. badtoworse Sep 2014 #24
You're just full of sympathy for the less fortunate aren't you. hobbit709 Sep 2014 #25
It's not just a matter of sympathy; there is also an element of fairness. badtoworse Sep 2014 #28
badtoworse, it’s a pity you lack an understanding of the debt collection racket. ms.smiler Sep 2014 #37
In the end, someone got stuck with a defaulted loan. badtoworse Sep 2014 #52
badtoworse, I’m delighted to discuss these issues with you. ms.smiler Sep 2014 #57
You're overlooking a few points badtoworse Sep 2014 #68
badtoworse, I’m enjoying our discussion, thank you. ms.smiler Sep 2014 #83
You have a lot of misconceptions about debt. I'll respond to a few of them. badtoworse Sep 2014 #84
badtoworse, after hours per day on a daily basis of research into ms.smiler Sep 2014 #85
Citi and other loan-sharks charge and get paid usurious interest on the original loan brentspeak Sep 2014 #67
you want to talk about fairness? How about wages being suppressed for decades, unions being busted, liberal_at_heart Sep 2014 #59
Everything is fair. Judges always make the right call. Nothing bad ever happens. kcr Sep 2014 #62
What an erudite response. What's your solution? badtoworse Sep 2014 #63
Knee cap them. kcr Sep 2014 #65
80% of bankruptcies are because of medical debt riderinthestorm Sep 2014 #71
IOW, no solution. badtoworse Sep 2014 #72
Recognizing a problem is the first step. kcr Sep 2014 #74
Single payer and free college education riderinthestorm Sep 2014 #75
The idea of a fresh start is that in life, closeupready Sep 2014 #77
We already have that. It's called bankruptcy. badtoworse Sep 2014 #79
Okay, so you're just here spoiling for an e-fight. closeupready Sep 2014 #80
What's wrong with bankruptcy? It addresses exactly what you posted. badtoworse Sep 2014 #81
And judges are angels sent our way to help. tecelote Sep 2014 #27
I guess it depends on whose ox is getting gored. badtoworse Sep 2014 #29
True. tecelote Sep 2014 #30
Duh. Two-income homes become one-income homes. closeupready Sep 2014 #16
Paying some of your creditors will not stop your other creditors Mariana Sep 2014 #61
You need to give that lecture to the likes of Donald Trump and Mitt Romney notadmblnd Sep 2014 #33
the only way you'd get them to pay attention would be with a clue by four. hobbit709 Sep 2014 #35
Seriously? People lose jobs, have unexpected expenses, get sick, etc. Hosnon Sep 2014 #7
More accurately, merely a 'simplistic solution'. LanternWaste Sep 2014 #9
you want to know what the simple solution is? notadmblnd Sep 2014 #34
And while you are at it save for retirement upaloopa Sep 2014 #18
Yeah ... you forgot ... 1StrongBlackMan Sep 2014 #31
Manicures gollygee Sep 2014 #44
Or, if you can't pay off loans, don't take out loans bhikkhu Sep 2014 #51
I agree with you - consumer debt and even mortgages are entirely too easy to obtain badtoworse Sep 2014 #53
Extremely accurate post yeoman6987 Sep 2014 #54
You're right. Paint lenders in a bad enough light and the obligation to repay a loan disappears. badtoworse Sep 2014 #69
More simple solutions: Heywood J Sep 2014 #64
Falls under the category of other "simple solutions" such as brentspeak Sep 2014 #66
and if you do get sick, die quickly. burnsei sensei Sep 2014 #76
Siiiiiiiiiiiiiiiiigh . . . winning hearts and minds just like you know how again . . . . HughBeaumont Sep 2014 #70
ALEC rats no doubt Dont call me Shirley Sep 2014 #3
There was a recent thread claiming 10% of wage-earners closeupready Sep 2014 #4
I doubt that you're naive FBaggins Sep 2014 #32
Just for reference, here's the thread I am referring to: closeupready Sep 2014 #36
That's just about what I expected FBaggins Sep 2014 #49
It's not exactly that simple... pipoman Sep 2014 #6
And a lot of people dont show up to court to contest the debt Travis_0004 Sep 2014 #8
one stunt the collection agencies do is not properly notify you of a court date. hobbit709 Sep 2014 #12
A return of service has to be filed with the court pipoman Sep 2014 #43
Exactly. sendero Sep 2014 #26
Yeah, because I totally... bobclark86 Sep 2014 #39
that is a violation of the FDCPA Travis_0004 Sep 2014 #40
Not an option for them, and a lot of people pipoman Sep 2014 #45
coughcoughbullshitcoughcough nt Dreamer Tatum Sep 2014 #82
Yep pipoman Sep 2014 #41
One good thing about TX hobbit709 Sep 2014 #10
Texas also has very good personal bankruptcy exemptions, i.e. your house regardless of value. eom Purveyor Sep 2014 #19
People are encouraged to have child support garnished. tammywammy Sep 2014 #22
"Encouraged" meaning "required by law" since 1994. FBaggins Sep 2014 #50
Same thing here in PA Freddie Sep 2014 #56
Wow!!! Wellstone ruled Sep 2014 #11
It's mostly fear leftstreet Sep 2014 #13
People who fear should be helpful, not hostile, to others being affected AZ Progressive Sep 2014 #15
Either that, or they work in collections themselves. closeupready Sep 2014 #17
Or they are just sadists. BlindTiresias Sep 2014 #42
Don't forget bombs in the Middle East yeoman6987 Sep 2014 #55
Which will no doubt lead them to... Xolodno Sep 2014 #23
Repeal the 2005 bankruptcy reform mb999 Sep 2014 #38
There's a word for this: Brigid Sep 2014 #46
It reminds me gollygee Sep 2014 #48
except in the case of unpaid child support, wage garnishment should be illegal. nt Terra Alta Sep 2014 #47
Many years ago (1970's) I was a Bankruptcy Paralegal HeiressofBickworth Sep 2014 #58
Yes, indeed. Ignoring a problem and hoping it will just go away is not a smart choice. kcr Sep 2014 #73
Most lenders don't go to this extent davidn3600 Sep 2014 #60
I had my wages garnished once. RebelOne Sep 2014 #78
Are there certain companies that are more likely to garnish than others? Wella Sep 2014 #86
a belated k and r niyad Mar 2015 #87
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