Author Topic: I'm thinking of selling a bad debt to the highest bidder  (Read 12760 times)

Offline ckmk47

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #60 on: March 03, 2014, 11:06:21 AM »
I have a situation where someone owes me $500 for expenses that he asked me to do.
guy has money, and admits he owes me, just keeps pushing off
Sounds like you should use the 'I need the money imminently' tactic.
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Offline ahecht37

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #61 on: March 03, 2014, 01:57:21 PM »
Sounds like you should use the 'I need the money imminently' tactic.
doesn't work with him

Offline menachem_m

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #62 on: March 03, 2014, 02:27:17 PM »
Sorry for going OT, but is this legal? Can I authorize someone to harass someone else? Can the borrower sue/press charges against the third party for harassment or whatever?

Offline ushdadude

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #63 on: March 03, 2014, 02:30:57 PM »
Sorry for going OT, but is this legal? Can I authorize someone to harass someone else? Can the borrower sue/press charges against the third party for harassment or whatever?

Banks sell bad debt all the time

Offline ckmk47

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #64 on: March 03, 2014, 02:34:04 PM »
doesn't work with him
Next step sounds like a little harrassment.  Check w your rov.  But calling his home and asking his wife for it.  next his parent, rov/rosh yeshiva, .  Then bad mouth him to his neighbors. (loshon hora?) 
Do you have the gedult for this?  I don't. 
Then again I only lend money to people who need it and can't pay it back.  :P
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Offline Ergel

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #65 on: March 03, 2014, 05:49:44 PM »
I quoted you mareh mekomos that are very clear from Torah to shas to shulchan aruch. If you have something else please speak up

Bump
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Offline good sam

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #66 on: March 04, 2014, 05:18:57 PM »
This is why you should not read any laws unless you are a lawyer. (And why you cannot read halacha unless you are a lamdan)
Quote
(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include --(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
The point is, debt-collection practices are heavily regulated.  You found a loophole in the specific federal statute that I cited, so here is the equivalent state statutes for NY and NJ: 

NY: http://codes.lp.findlaw.com/nycode/GBS/29-H
NJ: http://www.njleg.state.nj.us/2008/Bills/S2000/1988_I1.PDF

Let me know if you'll need any other jurisdiction.

This is why cocky law students shouldn't contradict practicing lawyers to their face.
If you don't care why would you comment?
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Offline AJK

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #67 on: March 04, 2014, 05:41:30 PM »
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline Ergel

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #68 on: March 04, 2014, 05:48:48 PM »
Life isn't about checking the boxes. Nobody cares.

Offline notanonymous

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #69 on: March 04, 2014, 07:42:02 PM »
This lawyer talk reminds me of the law firm my father talks about - Dewey, Cheatem, and Howe.

Offline etech0

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #70 on: March 04, 2014, 07:43:09 PM »
This lawyer talk reminds me of the law firm my father talks about - Dewey, Cheatem, and Howe.
Good one!!!!
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Offline ushdadude

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #71 on: March 04, 2014, 07:49:07 PM »
This lawyer talk reminds me of the law firm my father talks about - Dewey, Cheatem, and Howe.

LOL

Offline satturn

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #72 on: March 05, 2014, 02:50:14 AM »
my father was owed money by someone for a awhile, he started calling the guy at 3am requesting it. The guys wife picked up the first time, he explained the situation, money was in his hands later that morning.

Offline henche

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #73 on: March 05, 2014, 08:22:36 AM »


Ah, now I get your earlier comment. Lemme see his new lawls.

Offline henche

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #74 on: March 05, 2014, 08:24:33 AM »

The point is, debt-collection practices are heavily regulated.  You found a loophole in the specific federal statute that I cited, so here is the equivalent state statutes for NY and NJ: 

NY: http://codes.lp.findlaw.com/nycode/GBS/29-H
NJ: http://www.njleg.state.nj.us/2008/Bills/S2000/1988_I1.PDF

Let me know if you'll need any other jurisdiction.

This is why cocky law students shouldn't contradict practicing lawyers to their face.

Sorry, didn't know you are a lawyer.

Offline good sam

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #75 on: March 05, 2014, 10:53:58 AM »
This lawyer talk reminds me of the law firm my father talks about - Dewey, Cheatem, and Howe.
My uncle is a divorce lawyer. He works at Ditcher, Quick & Hyde.
If you don't care why would you comment?
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Offline Freddie

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #76 on: March 05, 2014, 11:28:43 AM »
my father was owed money by someone for a awhile, he started calling the guy at 3am requesting it. The guys wife picked up the first time, he explained the situation, money was in his hands later that morning.

Amazing. That blows me away. Thank you for sharing that fascinating (and practical) glimpse into the human psyche.

Offline ahecht37

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #77 on: March 05, 2014, 02:31:32 PM »
Next step sounds like a little harrassment.  Check w your rov.  But calling his home and asking his wife for it.  next his parent, rov/rosh yeshiva, .  Then bad mouth him to his neighbors. (loshon hora?) 
Do you have the gedult for this?  I don't. 
Then again I only lend money to people who need it and can't pay it back.  :P
i am friends with his family (thought I was with him as well) I am not interested in making a fight over such an amount. the way I see it, I found out how good of a friend he was for only $500

Offline notanonymous

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #78 on: March 05, 2014, 02:38:26 PM »
My uncle is a divorce lawyer. He works at Ditcher, Quick & Hyde.
:-)

Offline ckmk47

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Re: I'm thinking of selling a bad debt to the highest bidder
« Reply #79 on: March 05, 2014, 02:43:51 PM »
i am friends with his family (thought I was with him as well) I am not interested in making a fight over such an amount. the way I see it, I found out how good of a friend he was for only $500
:)
Although asking the wife about it, if they have a good marriage, may not be too extreme.
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