Very scared of being sued, I am new to debt settlement.
Date: Fri, 05/04/2007 - 21:42
welcome to the forums
hi,
There are several things you should look at. First, is this debt one that you have been working recently to settle? Have you had any contact with anyone regarding this specific debt lately? Other than this lawyer I mean.
Also, this attorney that called you, is this the first contact you had with him/her? There are laws that govern the way in which all debt collectors, including attorneys engaged in collecting a debt, must operate. If this was the first contact you had with that attorney, then he has five days to send you a notice in the mail advising you of your rights in regard to debt. If this does not happen, then he is in violation of federal law. If he threatened a lawsuit, but is not actually going to sue you, that is also a violation of that law. There is a lot of info on this in here, I am just trying to mention some basic things for you.
Ok, if you have not been working on this one debt, then I would recommend that the next time that attorney calls, you obtain a mailing address for his office. Then, send two letters by certified mail:
1--a letter requesting that he validate the debt.
2--a letter telling him to cease and desist all communication in this matter except by mail.
You see, they are required by law to "validate" the debt--that means they need to show you proof that this is a valid debt and also prove that they have the legal right to collect on it. The law is specific on what must be included in that validation, and where they must obtain it. Once you do this, if they send you any kind of validation, let us know what it says.
They also are required by law to stop calling you if you tell them to. So, after they get your letters, if they still call you, thats a violation of federal law.
Something else to think about--all these violations, they add up. And you have the right to sue any debt collector that violates these laws. They can be held liable for up to $1000 for each violation--thats money they could be made to pay TO YOU.....
