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mimi89 · Posted: Mon Oct 02, 2006 11:47 am Subject: collection letter from attourney

i am not sure if this has violated any fdcpa laws or not.. thought i read that this indeed did somewhere before....on attorney letter headed collection letter. it does state about validating the debt and such not wich until recently i didnt even know what that meant.. anyway it clearly states that at this time( the time letter was received)no attourney witht his firm has personally reviewed the particular circumstances of my account..now did i misunderstand what i read in a post at 1 time or is it against regulations to word it that way and to send it from an attourney if none has viewed my account at that time? it did not take them long to pursue suit actually right after 30 days was up i got summons

Guest · Posted: Mon Oct 02, 2006 12:06 pm Subject:

what?

Posted: Mon Oct 02, 2006 12:09 pm Subject:

I wonder if the summon is at all real. Go to your local county and verify this. You will be asked to explain your situation in front of the judge. The case doesn't sound right if there is no initial attempt to collect the debt. The attorney must have done this before going to the court.

Posted: Mon Oct 02, 2006 12:09 pm Subject:

mimi..

have you tried to validate this debt? Could you be more specific about the situation?

It sounds to me like they are telling you that you can validate the debt, and that no attorney has reviewed the case as of yet. Basically, it sounds like they are telling you that you can still contact them and make arrangements or dispute this.

mimi89 · Posted: Mon Oct 02, 2006 12:37 pm Subject:

sorry if i was not real clear earlier in my post..this has all happened fron the end of july up until now.. the end of july i got teh letter from teh attourneys office as i stated earlier..in the collection letter it did say on the back about validating it.. i did not in the 30 day time period as i did not know what debt validation truly meant.. i figured they would just send me another letter saying i owed x amount of dollars.. anyway right after teh 30 day validation pd was up i got teh summons which i did check with my local magistrate about and is valid . so i had hearing chnaged so i could try to get it validated.. what i was asking in the original letter i got in july it was on an attourney letter head collection letter and i read somewhere that if no attounrney has reviewed ur account it is illegal to send out a collection letter from that firm.. i am prob just as confused as all of u sorry..anyway i did call tehm after teh summons and they would not all work with me on it other then 1700 down and 900 a month like i told them if i had that i would have pd u in the 1st place

Posted: Mon Oct 02, 2006 1:16 pm Subject:

mimi,
did you get a court date? If so, you need to show up to court. You'll get a chance to go before the magistrate and explain your situation. You can claim hardship, and they will work out a fair payment plan. It helps to have check stubs and w2s with you to back you up. It's very important that you do show up..If you don't, they can and will start garnishment procedings without any further notice to you. In fact, if you are garnished due to default, you may not even get a copy of the judgement in the mail prior to the garnishment taking effect.

mimi89 · Posted: Mon Oct 02, 2006 2:46 pm Subject:

yeah i did its now the 12 th of this month.. im trying to get itvalidated before then because im not sure if teh amounts are right or not or if they even have all my info bein that its not my oc . its some1 who bought my account.. in my state no garnishment allowed except for student loans child support and taxes. besides im a stay at home mom for now and have no income except for my husbands.. i have no assets really i am buying a home but have no equity in it so im assuming they may put a lien on it until its pd for... thast why i wanted to get it validated 1st if possible becasu teh clerk at the mag office told me even if i show up and the attourneys dont i will still get a judgment against me for having no defense

Posted: Mon Oct 02, 2006 3:17 pm Subject:

Definitely get your debt validated by the company. Send your letter through certified mail with return receipt requested. This will prove your actions in the court and your attempt to pay the debt. The company must give the details of the account with proper info.

Posted: Mon Oct 02, 2006 4:35 pm Subject:

so you are in Texas, Pennsylvania, or the Carolinas...Definitely get that validated..And show up for court. They can't garnish in your state, but they can seize bank accounts.

mimi89 · Posted: Mon Oct 02, 2006 5:12 pm Subject:

yeah i heard of that happening but i was also under the understanding that they cannot seize bank accounts that ur wages go into. thats all we have in ours is my husbands paychecks. wich usually is gone as soon as it gets put in there for bills..oh yeah i do have a savings account with 5 dollars in it that they can have if they want it..the bankruptcy attourney i spoke with told me teh very worse case scenario woud be a writ of execution which they would not get much other then some furniture that may not even sell ata yardsale . ex a couch that from my 3 kids has been puked and peed on more times then i can count or some walmart jewelry.. thats why from reading about why some collections choose to get a judgement it is usually becasu teh person has some valuable assets that they can sieze other then my house that i owe 26 yrs on i have none that could really be of value.. they would have to sell EVERYTHING i own and still probabaly wouldnt get all there money out of it.. up to about 3yrs ago i was always on tiem with all payments and stuff.. i am not trying to get out of paying just cant get any body to work with me on payments so hopefully teh judge will understand that and maybe help us work something out.. thnx for listening and ur advice

Posted: Mon Oct 02, 2006 5:13 pm Subject:

no thanks needed..That's what we're here for.Good luck, and let us know how it goes for you.

Posted: Tue Oct 03, 2006 6:28 am Subject:

Does anyone know if they really can't seize your bank account that your weekly paycheck goes into? I live in PA.

mimi89 · Posted: Tue Oct 03, 2006 7:50 am Subject:

im not 100% sure they cant myself..thats just what i read somewhere.if they did and thast all u had in ur account wouldnt that be the same is wage garnishment then?

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