Hacker News Reader

Comment by irinotecan | Hacker News Reader

What about the annoyance factor? "Hey why are these strangers contacting me and asking me to send you messages to contact them?! Do I look like your personal secretary??"

View on HN

Yes, I agree there's an annoyance factor. In all honesty, what do you think should happen when someone isn't paying a debt they owe? Can you think of a reasonable way to get hold of someone who's refusing your phone calls that doesn't involve potentially annoying friends and family?

Contact them threatening to sue. If they still don't respond, sue. Getting the person's social circle involved is low.

As mentioned above, attempts to contact them have failed. Now what do you do?

Sue

How do you sue someone you can't contact? What if the costs involved in bringing suit exceed the amount owed?

Once you file suit, it's the process server's job to get ahold of you. They have less restrictions. And you can tack on court costs to the suit you bring -- and then use the grievance you win to garnish their wages.

It sounds easier than it looks, but that's how you get your money as a debt collector. The ones you can't find are probably just as like to be no shows in court. Once you have a greviance, it's easy to garnish. All that involves is contacting their employer.

You can't "tack on court costs" so easily. In most civil cases in the USA, each party is responsible for his own attorney's fees and costs. As I sadly know from personal experience trying to recover money from an insurance company.

In most cases, any amount under $10,000 is not going to be worth going to court over. You will pay lawyers that much just to get the case to trial.

That's why there's Small Claims court, where you can represent yourself for cases under 10K

Most debt collections agencies have a lawyer or lawyers on retainer for going to court. They can, and will, go to court for judgments as small as $1,000. The hearing is often the local magistrate, and unless there is something atypical complicating your case, the ruling will happen in 30 minutes or less. Having proof that you own a debt is a binary thing -- either you have it or you don't.

Here's the thing. YOUR debt collectors don't have the right or the privilege to harass ME over your debts, just because we're linked as "friends" on facebook or whatever social network, even if they don't tell me the reason why they are pestering me to deliver messages to you. If someone decides that they do, you're no longer my "friend", AND I'll likely stop using Facebook / social network I am tired of getting other people's spam on.

Certified mail works pretty well.

Reply on news.ycombinator.com