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Got letter from Sherman Attorney about debt, how do I proceed,,help!!

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osssmosis

Member
What is the name of your state? California

I just received the following letter from a Sherman attorney at law. The lawfirm is eskanos & adler. What do I do with this letter, and how do I respond. They are saying that I sent Sherman a letter to cease and desist, but in fact it was a limited cease and desist requesting no telephone contact, but contact via mail only. Here is the letter. How do I respond to this? in addition they are sending me mailing at work, after my last validation letter I sent to sherman had a different address and I hand wrote NOTE CHANGE OF ADDRESS. Thanks for the advice in advance:

the above named creditor has retained our firm to collect the above identified debt. as of the date of this letter, we compute the amount you owe as the total above. Because of interest, the amount may vary from day to day and increase with the further passage of time. Our client has informed us that you have requested it to cease and desist any further contaqct with you. We are required to send thi "Validation Letter" notwithstanding your request. You request for no further communications does not limit our client's right to invoke remedies authorized by law. You may contact us as providd below or by calling toll free at XXX-XXX-XXXX, ext XXXX.

This is an attempt to collect a debt and all information obtained will be used for that purpose. This is a communication from a debt collector. Unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid. If you notify us in writing within the 30 day period following your receipt of this notice that you dispute this debt, or any portion of it, we will stop all collection activity until we obtain verification of the debt or a copy of any judgement and mail it to you. If the above creditor is not your original creditor and you submit a written request within the 30 day perior following your receipt of this notice for the name and address of the original creditor, we will stop all collection activity until we mail this information to you.

The state rosenthal fair debt collection practices act anbd the federal fair debt collection practices act require that, except under unusual circumstances, collectors may not contact you before 8am or after 9pm. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgement. For more information about debt collection activites, you may contact the federa trade commission at ***-***-**** or at www.xxx.xxx.

Attorney's name
A professional corporations

Another name/ Another Name
Another name/ Another name

file number
 


Ladynred

Senior Member
Don't let the scum from Eskanos scare you, they are nothing more than yet another collection agency hired by Sherman to try to collect. The 'law firm' letterhead is meant to scare you. SHERMAN MAY sue you, but unless Eskanos is local to you (in your state), then Eskanos can NOT sue you, they have to hire a local attorney to do that. While E&A IS a lawfirm, they are primarily a collection agency.

This is one of those times that the so-called 'limited' C&D was a bad idea, especially with Sherman and their tactics. They took the 'cease and desist' part literally and ignored the 'mail contact only' part.

How old is this debt, when did you last pay the ORIGINAL creditor ?? CA has a very strict version of the FDCPA, so you should read it.

Send E&A a DV letter, but do NOT include the C&D portion. If these scumbuckets are going to take it literally, do NOT tempt fate and do it again.
 

Ladynred

Senior Member
Well, if you're past the SOL then you have few worries with Sherman, but we don't know if the OP is past the SOL. The biggest problem with Sherman, besides their refusal to validate, is these phony affidavits they send out in response to validation. If you do not refute the affidavit, you are AGREEING with it and that puts the debt into an 'account stated' - which is what they're after. So, if you get one of those useless affidavits - they have NO 1st hand knowledge of the debt - you MUST dispute it in writing.
 
Alabama makes refuting the Account Stated Affadavit a codified part of law.

Anyone in Alabama facing one of these should really pay attention to assert their rights.
 
Ladynred said:
Well, if you're past the SOL then you have few worries with Sherman, but we don't know if the OP is past the SOL. The biggest problem with Sherman, besides their refusal to validate, is these phony affidavits they send out in response to validation. If you do not refute the affidavit, you are AGREEING with it and that puts the debt into an 'account stated' - which is what they're after. So, if you get one of those useless affidavits - they have NO 1st hand knowledge of the debt - you MUST dispute it in writing.

Good advice.

I Went to a notary and recorded a sworn statement denial of affidavit of claim, filed it as a declairation with the court and sent it CMRRR to the CA's attorney.
In the world of account stated: time is of the esssence. You must refute it in a reasonale time. That I found in California Case Law, but what is a reasonable time, I could not find.

see also 15 USC 1692g section C
(809) FDCPA

I'll try to locate the Alabama case tommorrow.
 
That changes things alot they'll likely not have a problem proving it is yours.

Maybe time to study accord and satisfaction settle proceedures.
 

Ladynred

Senior Member
Yes, accord and satisfaction IS upheld by CA law. You just have to make sure you follow the procedure thru or it won't hold up.
 

wagszrx

Junior Member
sherman bought a charged off account, a visa of mine, and another CA working for sherman sent me a collection letter. i sent them a DV letter. they responded they were returning the account back to sherman for clouser. i then got a letter from eskanos & adler and it was exactley the same as yours in respones to my DV letter. i never got my validation. and shermans TL is still on my credit report. does anyone know if sherman or eskano and adler a licensed to collect in oregon?
 
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Ladynred

Senior Member
Find out what state agency governs collection agency and call them. Here in TN we have a Consumer Protection Agency, could be something similar in OR.
 
And of course, per revisions to FDCPA and US Supreme Court ruling, attorneys are covered under FDCPA. And Full Notice Of Validation Rights must be included upon first contact be the attorneys as they are now in the role of debt collectors. (there are some exceptions)
 

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