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A couple days ago I received a letter from a Law Firm stating that they were collecting for Capital One. The said they had not made a decision as to whether to file a suit against me or not. They said I can call them to make payment arrangements. I sent a validation letter a few days ago. If they don't hear from me to make payment arrangements does this mean they will sue me or is this just a scare tactic to get me to pay?

Posted: Thu Jul 05, 2007 10:56 am Subject:

More than likey it's a scare tactic. Can you please give us some more information on this debt? Like amount owed, last payment made and the law firm's name... This will get us started on trying to share any information we may have to help u.
Some CA'S DO indeed sue, speaking from experience here, but it doesn't happen over night! It's a process and u are allowed due process!
Good Luck and if u can give the info and have any other questions plz feel free to ask away!
Ang

Posted: Thu Jul 05, 2007 11:02 am Subject:

The law firms name is Winn & Simms they say I owe $1000. I am trying to obtain the information from them like when my last payment was and validation of the debt. I am scared that they are going to take me to court.

Posted: Thu Jul 05, 2007 11:11 am Subject:

Don't be scared Lind! First of all, it won't happen over night, there's a process they have to follow and if u stick around here ull learn a LOT on how to fight for ur rights!
First of all, stop all communications with them by phone, send the debt validation letter along with a cease and desist letter. Make sure to keep ALL this together, make a folder for everything pertaining to them! When sending them this dv letter and cease and desist make SURE to send it return reciept or they will say they never got it!! That's VERY important. If they do indeed plan on suing u, which i doubt on such a small amount, they have to go thru the legal process and stick around here and plenty of us will be more than happy to walk along side u as u go thru this!
Ang

Posted: Thu Jul 05, 2007 11:14 am Subject:

Thank you for the information. I really appreciate it.

Posted: Thu Jul 05, 2007 11:17 am Subject:

You are very welcome Lind! You have come to the right place for help and good help!!
We've all been in ur shoes and have some very knowledgable people here! Plz dont' let them turn ur life upside down as they do to many!
We will help u thru this, one step at a time!
Good Luck,
Ang

Posted: Thu Jul 05, 2007 11:41 am Subject:

Hi Lindsay...

May I ask what state you live in? Some of the laws are different from one state to the next.

Ok, I did a very basic search, and Winn & Simms is a legitimate law firm out of California. This is important because nowadays we see a lot of collection agencies claiming to be attorneys and that is illegal.

My first advice to you is to read up on the Fair Debt Collection Practices Act. It is a federal law that explains what rights you have as a consumer, and it governs how collection agencies and collection lawyers MUST work. Just do a search for 'fdcpa text' and you will find it easily. Read it plenty and refer to it whenever you are contacted by collectors. It is your best weapon against any illegal activities.

Ok, now, on to the letter you received. Is this the first communication from that firm? If so, then it is most likely nothing more than a scare tactic, designed to frighten you into paying immediately. If they can scare you into paying, that means that you wont have time to research the company, your rights, and so on. Send them what we call a validation letter. An example that you can change around to fit your liking can be found in the do-it-yourself section of this forum:

http://www.debtconsolidationcare.com/letters/

When you send this letter, you MUST send it by certified mail, return receipt requested. This will give you a record of when it was received, and they cannot deny that they got it at that point. Oh, and do not sign any letter that you send to any collector...as it gives them a template to forge your signature from. It has happened in the past....

Ok, once they receive your letter, the FDCPA requires them to immediately stop all collection efforts until they get you the required validation of the debt. This includes filing a suit against you--The law doesnt allow them to file a suit if you requested validation and they have not provided it.

Once you send off the letter, you will basically be in a waiting game until they get back to you. Some side notes here too--if this is on your credit reports, and they cannot provide proper validation, then by law they must remove it. If this happens, let me know and I will explain a good way to proceed from there.

At the same time, you may consider sending a cease and desist letter, or maybe even including a cease and desist statement in your validation letter. The c&d letter informs them that you wish to only be contacted by mail, no phone calls. And by law they must follow it.

Posted: Thu Jul 05, 2007 11:48 am Subject:

I live in California and this is the first letter I have received from them. I have sent a validation letter a few days ago. If they send me proper validation of the debt can they sue me right after the send it, before I even have a chance to receive it?

Posted: Thu Jul 05, 2007 12:34 pm Subject:

Have u recieved a summons?? Plz call ur local courthouse and ask if there is a suit against u.
Ang

Posted: Thu Jul 05, 2007 12:44 pm Subject:

If it is within the statue of limitations they can sue you whenever they want. However, I don't believe they will just yet expecialy if that was the very first letter they sent you.

You may want to consider calling Cap One and seeing about a payment arrangement if they will allow it.

Guest · Posted: Thu Jul 05, 2007 1:39 pm Subject:

No I have not received a summons. In the letter they said they have not made a decision yet wether to file a suit against me or not.

Posted: Thu Jul 05, 2007 1:48 pm Subject:

Ok, then that is just a scare tactic! Of course you DO want to resolve this debt with them but u need to send a debt validation letter along with a cease and desist letter, do NOT communicate by phone, only USPS and keep all info together!
Good luck,
ANg

Posted: Thu Jul 05, 2007 5:29 pm Subject:

Please do the following asap!
1. Call Capital one and verify if they still own your account. If they do you need to write a verification letter to them and send it certified return receipt.The information you are looking for is date account opened,final balance,fees,interest,and date of first delinquency(usually first date of missed payment).
2. Write a debt validation letter to send to the attorney certified return receipt mail.Get it to them very quickly.

Posted: Thu Jul 05, 2007 6:34 pm Subject:

Yes, follow cajun's advice. Also, I believe that according to the fdcpa they can't answer a letter requesting validation with a summons. Being that this is a legit law firm, they'll probably follow the rules, as opposed to those "firms" who are just using a lawyer's name.

Posted: Fri Jul 06, 2007 6:12 am Subject:

There are collection agencies that respond to the validation requests of the consumers with summons to appear in court. But this is simply a trick to scare and harass people. The collection agency cannot take any legal action against you if they haven't validated the debt within the initial 30 day period.

I really hope that this matter gets resolved.

Posted: Fri Jul 06, 2007 8:11 pm Subject:

With a $1,000 balance, chances are low they would put the time and money into a lawsuit. But it could happen. They can probably file suit even though you asked for validation. However, they still have to validate/verify the account.

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