TX Credit Card Collection from CA attorney

[DigiDawn]

Texas

I have a $400.00 credit card bill I have been unable to make payments on due to my medical bills. The last payment I made was in Sept 2005.

The collector Mr Boyd at "Davis Law Assoc". in San Diego, CA. said if I did not pay this debt by 2/28/2005 they would hire a law firm here in TX to sue me.
The debt at this point according to Mr Boyd is $1938.00. I told him I could try to make payments but he said that was not an option. They would rather take me to court. The best he could do would be half today half in 1 month. I make less then $200 a week. and would not be able to pay rent, or eat.

What should I do?

DD

 

[TigerD]

Get ready to go to court.

DC

 

[Ladynred]

$400 bill that's up to almost 2,000 in only 5 months !! That is completely insane if it's true.

Don't believe "Mr Boyd" - demand proof of where they're getting that amount.

 

[JSAautomotive]

Send them a "Ceast and desist" letter and tell them that you only deal with the original creditor, and not anyone or any other entity that is trying to collect the debt for the original creditor.

Most of these supposed "law firms" are nothing but glorified collections agencies with no teeth at all. They'll try to tell you anything to scare you on the phone and try gettting you to pay them. But the worst thing you can do is give them one penny... because then you are admitting you owe them the debt. Give them no personal information, send them the letter registered return/reciept with a different return address, and send back any mail they send you un-opened with a "return to sender... nobody by this name at this address".

If anybody comes to your door and says, "are you so and so? (your name)", DO NOT SAY YES!! Because they are there to serve you lawsuit papers. Hopefully you don't have people that are family that live with you, because they can be substitute served on your behalf.

Good luck!!

 

[Ladynred]

First, you cannot always deal with the original creditor, especially if it's been charged-off and sold to some junk debt buyer. The OC will not deal with you as they have washed their hands of it.

If anybody comes to your door and says, "are you so and so? (your name)", DO NOT SAY YES!!

And the point of that would be what ?? It will not stop a lawsuit, it'll just get you stuck with a default in most cases. Dodging service is ineffective and stops nothing.

Other than that.. I agree with what you said.

 

[JSAautomotive]

They can't sue him without properly serving him.

 

[TigerD]

They can't sue him without properly serving him.

Yes they can. And most likely will.

OP:
Look, if you are going to follow anyone's advice on this deal -- listen to LNR. Send a validation letter. move forward from there depending on the response.

DC