Credit Card - Attorney contacting me, please HELP

[ccmmjjoo]

What is the name of your state? South Carolina
Hi, I had a credit card with Household bank. Due to job loss, etc. Anyway, I have an attorneys office calling me telling me I owe them $4700. The original debt was being settled for $1400. So, I had posted a thread on here and I received a response to send a Letter requesting Validation of Debt. I sent a letter of validation request from a link that someone on this website offered. I also told the attorneys office they had 30 days to get me the information. I also told them, any future contact with me has to be done in writing. I sent this letter CERTIFIED. Now, it has been a month and a half. My father informed me that the attorneys office is now calling again. It is the same attorneys office that I sent the validation of debt to. Also, I had informed them that any future contact had to be done in writing (this was contained in the debt validation letter. My questions are: What do I do now? Do I speak to them on the phone? or do I send another debt validation letter outlining the section saying any future contact has to be made in writing. I am disputing the debt amount also. The amount is 3 times the original amount. Do I wait until they take me to court. Or do I get a lawyer and sue them for not complying with the debt validation letter? Also, in the sample copy of the debt validation letter I used. It gave me a section that says, "if you donot provide me with any information within 30 days, you must delete my records with your company". Please help me! I greatly appreciate any and all advice (and I realize it is all advice). Thank you.

 

[Debt Guy]

Did you ever receive anything in writing from the attorney? The initial dunning notice should have contained the "mini-miranda" and an explanation of your rights to dispute the debt.

Was your validation letter sent to the attorney's office within 30 days of the initial contact?

How old is the debt? When did you default on the debt?

The answers to these questions will determine whether or not the attorney is in violation of the FDCPA. If so, you can use those violations as a lever.

Please note that the FDCPA does not require the collector to honor your request for all communication to be in writing. You can demand it -- you just can't enforce it.

 

[ccmmjjoo]

Re:

South Carolina
Well, They sent me a notice, and I sent a Certified Letter back within 30 days. The attorneys office told me they had started filing already. I thought well you didnt give me 30 days. The letter they sent said something to the fact of you have a right to dispute this, you have 30 days, the amount, etc.. The amount is about $3000 too much. I had originally set up a payoff with the CC company in June 2004. Then in Oct. I defaulted because I could not finish paying the debt. I was trying though. The debt was sold, sold again, and then sold to an attorneys office. All in 3 or so months. They told me they were taking this to court etc.. I am not sure what to do now. I am afraid to talk with them again, since they have not sent me any information validating the debt, nothing. I sent them the debt validation letter at the end of January and told them they had 30 days to respond or delete the said debt owed since they have given me no proof. What do I need to do? Get an attorney? Wait for a validation of Debt documents? Will they send the docs? and do they have a right not to send the validation debt docs? Please help. I am trying to get my life together and get married in 9 months. Thank you for everything.

 

[Debt Guy]

Oddly, filing a lawsuit is not considered a collection activity under the FDCPA.

At this point, validation is not meaningful. Don't expect anything.

If you are sued, you will be served. If you fail to respond, then the creditor will receive a default judgment and will have the ability to garnish your wages and clean out your bank account.

In the litigation process, you have the power to force the credior to "prove up" the debt -- the original of the signed agreement, a full accounting of all fees and interest, etc. You do this during "discovery". Discovery is a technical process and requires some legal knowledge and skills. You can hire an attorney or you can try to do it yourself.

I have no idea what an attorney would charge. You could probably call a couple of lawyers and get an estimate. Just be sure they are skilled at consumer credit and creditor/debtor matters -- this is a bit of a specialty.

If you try to do it yourself, you are going to have to put in the hours to learn how to represent yourself. The latin word for doing it yourself is "pro se" which means for oneself. Some courts have a pro se clerk which will give you some help for how to format documents, etc.

You can't just show up in court and tell the judge your story. You must file all the motions and paperwork the court expects to see. Everything you file must be done in a prescribed manner.

Lots of people represent themselves. Some win. Some lose. Some draw.

Discovery does two things for you. First, you make the creditor prove their case. Second, you drive up their costs. Remember the creditor is paying a lawyer to do all this work. You are working for yourself free.

Try www.creditinfocenter.com or www.artofcredit.com. You will find a lot of people there in your same situation. You will also find lots of help and some samples of pleadings, etc.

Good luck to you.

PS - don't take this personal. God invented rules of grammar, punctuation and use to make it easier for us to communicate in writing. I am on a campaign to push for clear communication. Your post would be easier to understand if you used complete sentences and used paragraphs to break up ideas and subjects.

 

[Tayla]

To clarify a few myths:

1st- a collection agency DOES NOT have to erase the debt if they dont respond to a debt validation letter. They simply are to notate to the CRA's that the debt is "in dispute". A collection agency can proceed with legal suit at any time. You just need to have a clear defense.
2ndly- A CERTIFIED LETTER with RETURN RECEIPT will show date certain of when you requested the debt validation. This may come in handy in court.
Remember- The burden of proof will lay with the plaintiff.

If you instruct a debt collector to contact you by certain means: ex: Only contact thru my lawyer, only via written form, then I do beleive they are to abide or move forward with litigation. I think its an estoppel letter...