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Posted: Tue May 20, 2008 2:30 pm Subject: wolpoff and abrambson: intent to sue

Hi people

I received an "intent to sue" letter in the mail today from this CA. I just sent them a letter of verification in the mail on Saturday morning. I guess the two letter crossed in the mail.

in their intent to sue letter, it informed me that the are initiating the process to sue and i can stop it if i contact them by phone or even email.

What should i do? should just call them. i know i owe the debt but it is up to almost 6k with all the interest tact on to it.

please help...

here is to another sleepless night..........

Posted: Tue May 20, 2008 3:02 pm Subject:

Did you send the validation letter within the 30 day window they give you?

Posted: Tue May 20, 2008 3:05 pm Subject:

yes, they have been sending me a series of letters since the beginning of this month and i just sent off the letter this weekend. their letter of intent to sue was dated in May 13 and i recieved it today on the 20th.

i plan on calling them tomorrow morning but i would like some advice on what to say. should i agree to anything? is it to late for a debt setteler company tp help me.

Posted: Tue May 20, 2008 3:12 pm Subject:

If you have sent the validation letter within the 30 day window any and all collections efforts will have to stop until they validate that debt. If they try to sue you or send you letters to attempt collecting, or even if they call you, they are in violation of the FDCPA.

Posted: Tue May 20, 2008 3:13 pm Subject:

Make sure you keep the envelope the letter came in so you have proof of how long it took for you to receive it. Smile

Posted: Tue May 20, 2008 3:16 pm Subject:

going through my paper work. the last letter they send me was dated april 17 and my validation letter was marked on May 17. will that be within the 20 day window?

Posted: Tue May 20, 2008 3:20 pm Subject:

Does that letter have the mini Miranda statement on it, giving you thirty days to either deny you owe it, or ask for validation of the debt? What is the date on that one?

Posted: Tue May 20, 2008 3:25 pm Subject:

no it doesn't; on the april 17th i just list various ways on how i can make a payment.

it does not stay anything on the may 13th letter regarding the 30 days.

Posted: Tue May 20, 2008 3:26 pm Subject:

This is what I was referring to when I mentioned the 30 day window, the collection letter will say something on it that says you have 30 days to dispute it, or validate it. Did you send that letter certified return receipt? I am just trying to make sure I completely understand exactly how this played out, I don't want to give you the wrong information. Smile

Posted: Tue May 20, 2008 3:36 pm Subject:

thanks Shazzzers for taking the time out and helping. Yes, i sent it certified with a return reciept.

Posted: Tue May 20, 2008 3:41 pm Subject:

You're welcome, if you have any more questions, please fell free to ask, there are a lot of knowledgeable people here that are always willing to help. Smile

Posted: Tue May 20, 2008 3:44 pm Subject:

so back where i started, will my validation be valid or can i just call them. if i call them will it nul my validation letter?

Posted: Tue May 20, 2008 3:49 pm Subject:

If you're certain that you sent them a validation letter within the 30 day window, you should be alright, that doesn't mean they won't continue to harass you or even sue you, but if they do, you can have it dismissed in court on the grounds that they continued collection attempts (suing is also a collection attempt) during validation. If it wasn't within the 30 day window, you may want to give them a call and see if you can work out some arrangements. The thing is, even if they do sue you, you can request validation during discovery. I'm not sure if I explained that clearly. Confused

If not, someone else jump in here please? Smile

Posted: Tue May 20, 2008 3:52 pm Subject:

oh okay. thanks for your time and patience. i remember getting a letter before the april 27 dated letter but i seem to misplaced it.

so i have 30 days even if the 30 days miranda is not included in the letter??

Posted: Tue May 20, 2008 3:55 pm Subject:

I'm afraid not, you have to respond within the 30 day period, that will probably only appear on one collection letter, the others won't have it. I would try to locate it, and see what the date is on it, whatever the date is on the first letter you received with that statement on it, is when the 30 day window begins. Confused

celllular · Posted: Tue May 20, 2008 8:03 pm Subject:

You can request validation any time after you receive notice, not just within the first 30 days. They are limited to what they can do within the first 30 days because of overshadowing laws.

Who is the CA?
What state do you live in?
When was the last payment made on this debt?
What type of debt is it.

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wolpoff and abrambson: intent to sue

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