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Posted: Thu Feb 14, 2008 3:35 pm Subject: Legal Recovery Law Offices

I just got a call from these people earlier today saying that they are a law office representing Capital One and that they are looking for $1,200.00. I told them I intend to pay the bill in full sometime in the future, but at this time was paying other debt and didn't have the money. The person on the other end of the phone said that if I couldn't commit to a a payment plan today, that they would garnish my wages to a tune of 25% of my net pay until the debt is paid. I got back to work form lunch and my HR guy tells me someone had called to verify my employment. Who are these people and is this legal?

TIA

Rich

Posted: Thu Feb 14, 2008 4:21 pm Subject:

I do know that first of all they have to sue you and get a court order to have your wages garnished, and it is usually 25% of your pay check, but I also think that depends on your location, but I'm not sure about that. Someone will be along to help you soon, just hang in there. I've never personally dealt with this company, but from what I have read on Bud Hibbs website looks like they make a habit of violating the FDCPA laws (based on what I read there, not from personal experience).

Posted: Thu Feb 14, 2008 4:23 pm Subject:

Sounds like Legal Recovery Services, they can't garnish your paycheck without a judgment against you, which means that they would have to sue you and you would have to loose.

Start out by sending them a debt validation letter (you can find a good template in my signature) send it certified mail, return receipt requested. That way they have produce validation before pursuing any further collection activity. If they sue you before validating you can countersue for 1k for FDCPA violations, and I can give you a almost surefire method of getting it dismissed if it goes there.

For now just send the DV. Also they are a collection agency with a attorney specializing in debt collection running it.

Posted: Thu Feb 14, 2008 4:26 pm Subject:

Also maybe you could provide me with a little information on the debt. If you could answer these question for me I may be able to better assist you.

1. What type of debt is it?
2. When was the last payment made on the debt?
3. What state do you reside in?

Posted: Thu Feb 14, 2008 4:52 pm Subject:

Thanks for the replies. Here are the answers JCEMT. This is credit card debt. Not sure when the last payment was made, but the amount has been charged off. I live in CA.

Posted: Thu Feb 14, 2008 5:14 pm Subject:

Can you give me a year and maybe a month in regards to the last payment?

The SOL in CA is 4 years, so if the last payment was made on or before 2/14/04 then you claim SOL as defense if they file suit.

Posted: Thu Feb 14, 2008 5:27 pm Subject:

The last payment I'd have to say was in 2006.

Posted: Thu Feb 14, 2008 5:49 pm Subject:

Ok, it's still within SOL so they could file suit. However according to Bud Hibbs a lot of the pleading they file are false and a good attorney would be able to pick them apart.

Posted: Thu Feb 14, 2008 6:00 pm Subject:

Thanks JCEMT for your help. I will send the DV letter this weekend. Like I say I intend to settle this account, but I only have so much money. My credit reports are history at this point. Most of this debt was not mine, but from a relationship gone bad. I am legally responsible to pay it, so I will. I'm just real suspicious of all the crooks out there and I don't want to pay the same debt two or three times.

Posted: Thu Feb 14, 2008 6:03 pm Subject:

Regardless, get that DV letter in the mail tomorrow morning.

Posted: Thu Feb 14, 2008 8:27 pm Subject:

Ok, the DV letter is done and will be in the mail tomorrow. If the debt is valid, then what's next?

Posted: Thu Feb 14, 2008 10:11 pm Subject:

Then at very least, you'll know you're dealing with the right outfit. From there, you can proceed with a settlement offer or other action that makes sense to you.

Posted: Fri Feb 15, 2008 9:03 am Subject:

RBH97, here is what consumer advocate Bud Hibbs has to say about the law office identification:

"The law license stops at the State line. Unless you are in the same State as Legal Recovery, it sure sounds like they are leading you to believe they are attorneys"

Posted: Fri Feb 15, 2008 9:58 am Subject:

JCEMT. Legal Recovery Law Offices' president is Mark Walsh Esq according to their website. I checked the CA State Bar and he is "valid" and been practicing since 2000. Sounds like he's been involved in some shady deals though. The office I talked to was in San Diego, CA though another office is mentioned in Costa Mesa, CA.

Posted: Fri Feb 22, 2008 7:03 am Subject:

Update. I sent the DV letter went out on the 15th, and a delivery attempt was made on the 16th (Saturday). The office was closed so they supposedly left a notice. It's now the 22nd and the letter is still sitting at the post office. Doesn't look like they will make an effort to get it, So when it comes back to me. I should re send it?

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