Bitcoin Forum

Bitcoin => Legal => Topic started by: BurtW on April 09, 2012, 06:58:44 AM



Title: Help with collections
Post by: BurtW on April 09, 2012, 06:58:44 AM
I am an active BTC lender over in the lending forum, see https://bitcointalk.org/index.php?topic=61756.0 (https://bitcointalk.org/index.php?topic=61756.0)

I and some of the other lenders are looking for help with collection of bad BTC debts.  The debts are usually pretty small so we are looking for an attorney who just wants to try some of these to see what happens.  IBM (my BTC lending service) is currently sitting on three bad debts but there are many more where these came from - bad debts owned by the other lenders as well:

Code:
Date      Who           Loan  Payback  Due Date  Loan Address   		     Notes
--------  ------------  ----  -------  --------  ----------------------------------  -
01/25/12  gurg2.o       20    21.00    02/03/12  15D2uoPut7QbHUKDUtLSXXJfzWvzDvnni8  Lives in Laguna Niguel, California with his parent(s)
01/29/12  doubleicaras  25    28.75    03/06/12  1F6MCoBMwmfpT5fruvCUjirFEybhLe5c1C  Lives in the UK
03/28/12  bcjunkie      15    15.00+   04/02/12  14g8TeohrrTEbsdDAY3EAdiXdzRNZR3Qc3  Lives in Bowling Green, Kentucky, have copy of his DL

Anyone interested?

NOTE that the total doubleicaras (UK) debt is a lot larger, this is just the part owed to IBM.



Title: Re: Help with collections
Post by: tatsuchan on July 10, 2012, 11:48:13 AM
I don't know how helpful this is, but since no one else replied, try online legal advice sites like legalzoom.com to make sure your collection practices are within law, and see if you can't contract a lawyer to contact the people directly.  There are bid/contract sites for lawyers as well.  Intimidation seems to be the only real weapon debtors have against those owing cash and a lawyer might be more prevalent then any person or company.


Title: Re: Help with collections
Post by: Gareth Nelson on July 12, 2012, 05:36:53 PM
I'm not a lawyer, but it would seem to me that you may be able to take action against bad debtors by claiming breach of contract - they have obtained something of value from you and violated the contract to repay. You should be entitled to a repayment in either the current market value in legal tender (this is what legal tender actually means - good for all debts) or the original amount owed - the latter would be called "specific performance".

Talk to a lawyer to do it properly.


Title: Re: Help with collections
Post by: BurtW on July 13, 2012, 04:54:29 AM
Actually, I am literally in bed with an attorney.  The problem is the amount of money involved.  Even my own personal beautiful, smart, free attorney will not take these small cases - it is not worth her time.


Title: Re: Help with collections
Post by: unclemantis on August 01, 2012, 01:47:50 AM
I don't know how helpful this is, but since no one else replied, try online legal advice sites like legalzoom.com to make sure your collection practices are within law, and see if you can't contract a lawyer to contact the people directly.  There are bid/contract sites for lawyers as well.  Intimidation seems to be the only real weapon debtors have against those owing cash and a lawyer might be more prevalent then any person or company.

Oh Jesus Christ do NOT go to LegalZoom. If you want to be fucked in the ass and enjoy it then fine, but I wouldn't recommend these hacks to anyone. They are not lawyers! They are high priced legal secretaries! And yes I am talking through experience. Fuck that!


Title: Re: Help with collections
Post by: notme on August 01, 2012, 02:18:48 AM
Actually, I am literally in bed with an attorney.  The problem is the amount of money involved.  Even my own personal beautiful, smart, free attorney will not take these small cases - it is not worth her time.

Wait until bitcoins are $100 a piece, then bring the case.


Title: Re: Help with collections
Post by: SysRun on August 24, 2012, 04:35:07 PM
you don't need a lawyer, you need a collection service. you're not going to break even this way, but you'll at least get something back.


Title: Re: Help with collections
Post by: BitcoinINV on August 24, 2012, 04:42:01 PM
I agree a collections service, but they have to operate in the bounds of each state and if taken to court you will need to provide legal proof of the debt. If in the state the person lives and "signed" your agreements does not see it as a valid debt, then you could in turn be subject to their laws about harassment. In fact in N.C. Gen. Stat. §§ 14-196.3 is just that kind of law, here is a complete list of cyber laws by state to help you out http://www.ncsl.org/issues-research/telecom/cyberstalking-and-cyberharassment-laws.aspx  If any of them live in NC let me know I might be able to help you.


Title: Re: Help with collections
Post by: Bitware on October 01, 2012, 12:13:16 PM
and make sure you check out the FTC's rules for fair credit collecting practices.


Title: Re: Help with collections
Post by: bitcoinbear on October 12, 2012, 04:16:05 PM
I agree a collections service, but they have to operate in the bounds of each state and if taken to court you will need to provide legal proof of the debt. If in the state the person lives and "signed" your agreements does not see it as a valid debt, then you could in turn be subject to their laws about harassment. In fact in N.C. Gen. Stat. §§ 14-196.3 is just that kind of law, here is a complete list of cyber laws by state to help you out http://www.ncsl.org/issues-research/telecom/cyberstalking-and-cyberharassment-laws.aspx  If any of them live in NC let me know I might be able to help you.

It might be worthwhile to set up a network of affiliated collection agencies, each based in a separate state, so they can each focus on applying the specific laws and criteria of their own location.


Title: Re: Help with collections
Post by: jasinlee on October 12, 2012, 04:23:32 PM
If you are trying to locate the people inside the USA I can probably help you out, I have a PI in the family I can have them check their databases and find out where the person is currently and maybe help your search. If I am able to find current info for whoever needs it then I would be happy to take payment/donation :)


Title: Re: Help with collections
Post by: blakdawg on October 12, 2012, 07:48:31 PM
It's hard to justify putting a lot of time or effort into collecting a debt worth $200-300 USD, especially versus debtors with no known income or assets.

It's the opposite of "too big to fail": "too small to care".