Debtconsolidationcare.com - the USA consumer forum

19,500 debt collection case

Date: Tue, 10/17/2006 - 10:53

Submitted by anonymous
on Tue, 10/17/2006 - 10:53

Posts: 202330 Credits: [Donate]

Total Replies: 10


Hello,

When thing seem to be going right something always goes wrong!!!! That's been my life story and here's my case:

Yesterday I receive a letter from wolpoff & abramson, L.L.P. "Attorneys in the Practice of Debt Collection. They contacted me in regards to an oustanding debt I owe from a 1997 Harley Davidson that was stolen from my residence back in 2003 I then found out my ex-wife had not put the bike on our insurance and therfore that is why I now owe 19,500. I just started a new job less than a year ago, I barely make it with my income and the IRS and Child support have attached my wages. What can I do to help myself? bankruptcy? offer the debt collector a $100 monthly payment??? I owe in debt including the bike about 25,000. Any advice or suggestions would be greatly appreciated..I'm about to go crazy and very stressed out over all this..Pleasehelp!!!


goodluck dealin with w&a.. i am currently dealin with them also and have had no luck as of yet.. they have taken me to teh magistrate for my debt.. id say call tehm and see what they say and let us know if u have any luck with them..also send them a dv letter and do u by chance know the sol in ur state and when u made ur last payment?


lrhall41

Submitted by on Tue, 10/17/2006 - 11:41

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Hello,

When reffering to "DV" Im assumign that means "debt validation" is this correct? what do I need to do and how do I do it? I received the letter yesterday and they say I have 30 days to respond. I believe my last payment to harley financing was october of 2003 but not 100% sure only 80% sure. I've done a little research on the SOL for my state (california) and it says for written contracts it is 4yrs not sure if that's correct either. I'm just hoping i can get some advice on what to do or would filing bankruptcy be my best option. I have no extra funds to pay them back other than offering pennies on the dollar or 100 a month.. any advice or what I should do next would be very appreciated...I can't sleep at night and I'm stressed out beyond belief.... If send a response to W&A disputing the debt? how will this benefit me?

THanks for the reply!!!


lrhall41

Submitted by on Tue, 10/17/2006 - 11:48

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yeah debt validation is what im referrin to.. i learned recently that is always good to dv if ur not sure of teh amounts or if they even legally own the account..i did not do this is time with w&a and the day after my 30 days was up i got teh summons in the mail with a court date.. i am not trying to scare u. i just know from my experience what happened and mine was for alot less money.. and i too am having sleepeless nites so u are not alone..i got a good dv letterf rom this site that i sent out im lookin for it now if i dont find it im sure some1 will post soon about it.. they are really helpful here


lrhall41

Submitted by on Tue, 10/17/2006 - 11:56

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What would you suggest I do after I send the DV letter? should I contact them, try to make payment arrangements or wait to hear back from them about the debt? I want to avoid any wage garnishments and if bankruptcy is my only option then thats what I'll need to do I just want to see what I can do to avoid bankruptcy and I doubt W&A will take $100 a month payment on 19 grand. How are things going with your case? have they garnished any wages??

thanks again for your reply

Mario


lrhall41

Submitted by on Tue, 10/17/2006 - 12:06

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well heres my story.. i owe old cc debt but in my state the sol is 4 yrs which hasnt run out yet and also i live in a nongarnishment state..my debt was originally only 4700.00 but up to 6500.00 with court costs and fees.. theyre offer was 1700.00 down and 900 a month.. so thats why i would dv them .. i would say not to contact them just send letter out certified mail.. i made my mistake by not gettin it validated within 30days.. u are still in teh time pd and if im correct they haveto stop collection efforts until its validated.. im not sure of collectionlaws in ca but in my stae they have to get a judgment first before they can start garnishing.. btw my hearing is in 2 days so ill et u know how it goes..also im pretty sure 1st garnismenta take precedents over later ones.if they would garnish i think its a much lower amount but dont take my word for it im not 100%sure


lrhall41

Submitted by on Tue, 10/17/2006 - 12:17

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Thanks for the info, I will send out the DV, did you find the sample letter or where should I look and what should the DV letter say? Do you know of any sample letters I can reference? Good luck and definitely let me know what happens at your hearing and my prayers are with you in hopes everything works out for the better.

Thanks again,

Mario


lrhall41

Submitted by on Tue, 10/17/2006 - 12:57

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Here the debt validation letter that you may need to send to Wolpoff & Abramson through certified mail. You will be confirmed that their collection attempt is a genuine one.

I read in the first post that the collector has already sent the letter. So, in their terms, the debt is already validated by them. If you have anything to dispute regarding the charges and other info, mark it and send a dispute letter requesting for the correct info. They will have to stop all collection calls until the correct info is given to you. After everything is done, put your payment plans, I have no idea how they will react on it.

Try dealing with the original creditor in case if they are willing to accept payments from you directly. You won't have to deal with the CA in that case.


lrhall41

Submitted by weeswie on Tue, 10/17/2006 - 12:58

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Thanks for the replies,

Well according to the letter it states they are attempting to collect a debt for the creditor "Harley davidson financing" The letter reads: "Please be advised that this law firm represents the above named creditor. (HD Financing Credit Corp) Our client alleges that you owe the above referenced balanc. After reading the important notice on the reverse side of this letter, ifyou appropriate please call our office to resolve this matter. If you dispute this debt, or any portion thereof, you are urged to take advantage of your right to dispute this debt. as described in the important notice on the reverse side of this letter. AT this time no attorney with this firm has personally reviewed the particular circumstances of your account......

then it goes into how to pay the balance in full. Well I dont' have 19,500 to fork over, My monthly wages and living expenses, Child support, IRS garnishments leave little to nothing extra but maybe a 100 a month. My options are to either file bankruptcy, quit my job and work under the table or let them garnish my checks and be forced out of my home and not be able to support my 3 kids....

My last activity on this account I believe is 10-2003 and the SOL for Ca is 4yrs. What would you all suggest I do??? I have no records of any payments that I've made to Harley davidson finance other than a few money order copies and that's it. Any help please!!!!!

Thanks,

Mario


lrhall41

Submitted by on Tue, 10/17/2006 - 15:41

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