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Posted: Mon Apr 28, 2008 1:51 pm

Was notify of being sue in 10-07 had lawyer answer and sent info to cach,llc as well as to their attorney at the time and county court in bexar, tx haven't heard anything from courthouse. But rec'd a letter from different attorney trying to collect same debt on 04-17-08. should we send a copy of all original paperwork to this attorney, as well? and why are we being requested to dispute this again from different attorney when as far as we know we haven't rec'd anything from the courts yet.

cellular · Posted: Tue Apr 29, 2008 12:40 am

Your VD probably scared tehm off and they sold the debt to another CA. Check with the court and see what the status of the suit is. It is possible they withdrew the suit since they could not validate it.

Gilbert · Posted: Tue Apr 29, 2008 2:56 am

Yeah! you need to find it out first whether there any case against you was filed at all or not. I too share the same view that of my previous poster. They might have backed-off from collecting the loan and now another party is trying to collect it.

however, you need to find out the truth from the court and there isn't any case file against you, simply send another validation letter to the new CA. BTW, how old the loan is? you probably wish to check the SOL of your state too. Good Luck!!

Gilbert

Posted: Tue Apr 29, 2008 3:43 am

Also, in Texas you have some really sharp teeth to bite them with, courtesy of the Texas Finance Code. I'm gonna ask Goldenbast to have a look at this, she knows the Texas stuff far better than I.

Posted: Wed Apr 30, 2008 4:47 pm

Hi! Ok first you need to do what was suggested earlier, check with your courthouse to see the status of the case. If it has been dismissed then you can send a DV to the new one trying to collect. If not, then you need to send a letter to the new collector telling them that they need to stop all contact with you as they are attempting to collect upon a debt that another CA is already collecting upon.

When did you last pay anything on this account, or when did it default? If it is 4 years or more either way then it is past SOL and you can use that as a defense.

Is this account on your credit report? If it is then you can DV whoever has it listed and they have 30 days to validate the account or they -have- to remove it from your credit report. They MUST stop all collection attempts upon this account until such a time that they can properly validate the debt. If they don't, you can sue them for not less then $100 per violation and you can treble it according to the buisness and commerce code. You need to have specific wording in the DV letter to be able to sue them if they don't comply. It works wonders, I just recently did this with a known collector that is scum and they folded and are paying me a $1000 settlement for me to withdraw the suit. If you need a sample letter with the proper wordage, let me know and I will be happy to provide such.

Guest · Posted: Thu May 01, 2008 5:44 am

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