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Attorney Letter/Help!

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PostPosted: Mon Jul 30, 2007 11:32 am Subject: Attorney Letter/Help!

Hi...I am in a terrible financial situation. I will just leave it at that for the moment. I got in the mail a letter from Millstone and Kannelnsohn Attorneys at Law. They are seeking to collect a debt on a Citibank card which the debt is now owned by lvnv funding llc. The letter does not threaten a law suit or anything like that. It is a first attempt collection letter asking for the amount and stating I have 30 days to dispute or get the evidence of the debt. Ok...I know the debt is mine. I would love to pay it but I cannot. I am unsure at this point what to do. I am scared because this letter is from an attorney and not just a collection agency. If I cannot pay it...now what? I could set up payment arrangements but they would be very low...like $10 a month..and the debt is about $10,000. I realize this makes me look like a deadbeat but believe me situations beyond my control and buisness losses...job loss...has just got the best of my family in the past 2 years. Right now, we can hardly pay our house much less this bill. What do I do? I am very scared and worried. I am really freaking out. Thanks so much for taking the time to answer this.
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PostPosted: Mon Jul 30, 2007 1:06 pm Subject:

You may hire a settlement company in your area and request them to settle the account with the law office. Make sure that you have the law office validated your account so that you are sure of your money going to the right place.

Try to find out the last payment date on the account, in case you want to get some legal protection on the basis of SOL. If the statutes have already expired as per your state laws, they can’t sue you. The item will just be reported with a negative remark on your credit file.

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PostPosted: Mon Jul 30, 2007 7:08 pm Subject:

That's why attorney/collectors exist, just to make you think that the stakes have been raised, when in truth they have not. They are just that: collectors. Steg is right, first find out the date of last activity to see if the statute of limitations has run. I say this because LVNV is a buyer of old debt. Dispute the debt by sending a letter demanding validation. Never admit to owing even a portion of the debt to them, or you might be held liable for the full inflated amount.
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PostPosted: Tue Jul 31, 2007 4:08 am Subject:

Send them a validation letter certified return receipt mail.There is a example in my signature at bottom of my post.It is the third link. It would be a good idea to determine the date of first delinquency for this debt.That way you can find out if the debt is out of sol for court action.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
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http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Tue Jul 31, 2007 4:35 am Subject:

Thanks so much! I don't think the SOL has run out. I am in Ohio and the sol is 6 years..I think...even at that..it has not been 6 years since this debt has been paid. I will send the letters though. Thanks!
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PostPosted: Tue Jul 31, 2007 8:06 am Subject:

Steg - Do you know of any resources on how to find a debt settlement company in an area?
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