Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

NEED HELP being threatened w/legal action from Euler Hermes

Date: Mon, 07/09/2007 - 08:27

Submitted by anonymous
on Mon, 07/09/2007 - 08:27

Posts: 202330 Credits: [Donate]

Total Replies: 7


I still owe roughly 4600.00 (down from a high of 42000) to my divorce attorney. The firm that the attorney worked for is now defunct and per a letter I received from Euler Hermes, my account was placed with them for collection and I owe 4933.30 per the first letter and now 4927.74 per the second. I have received a phone call from someone that worked there named Kenya telling me I owed 2927.xx.

The law firm is STILL sending me statements and the balance is 4633.89. I have NEVER received anything stating my account was going to be placed in collections from the law firm. I had worked out an agreement w/the law firm to pay 200/mo until the debt was paid. I’ve still been paying the law firm and those checks are still being accepted (not sure how given they a no longer in operation).

I don’t make enough money to pay more then I am right now and I don’t know what to do. I have talked to the collection agency and was told my payment arrangements were unacceptable and I needed to make 500.00 every 2 week payments. Now the latest letter is stating: “Unless you arrange to remit in full by return mail, we have been instructed to authorize the attorneys to file suit and carry through with attachment, if that is required to obtain payment.”

Can they do this? How can they sue me on a behalf of a defunct company? Help please.

Jackie – Mpls, MN


You need to send Euler a validation letter, a copy of which is found in the Do It Yourself section in the sidebar under "sample letters. They need to show proof that they are allowed to be collecting that debt and how they arrived at that amount and all the other conditions in the letter. I would also send a certified letter to the original firm question the validity of this Euler. They could be scamming you. It would talke little more than dumpster diving to find an old statement and pretend they own the debt. If the original law firm is still accepting payments someone will be there to get your letter. They may have just moved and someone got hold of your account. You can't be to careful. Something smells rotten here.


lrhall41

Submitted by Frogpatch on Mon, 07/09/2007 - 10:46

( Posts: 5381 | Credits: )


So does that make them more valid? I haven't received a notice from the law firm that they were sending me to collections. Only notice I ever got from the law firm about their closing was the one where I had to request my files.

I still received a statement of account from the law firm just this month. It's very strange. Per the notice asking what to do with my files, I was informed that they would only be in operation until May 31, 2007.

I've sent the letter you suggested via email to both Euler Hermes and the law firm. (so far the law firm email hasn't bounced back).

I find it very odd that the law firm would continue to accept payments and not notifiy me in any way that they were sending me to collections. Additionally, just how does a defunct business spend the money to collect on a debt of 4600.00 versus just writting it off. It's silly if you ask me.


lrhall41

Submitted by on Mon, 07/09/2007 - 12:00

( Posts: | Credits: )


You need to send the validation letter via certified return receipt. If they can't validate the debt they can't collect it. Use the one that cajunbulldog has the link to above. It covers everything. If they do not respond to EVERY part of it send it again with a parapgraph saying that they failed to validate. If they do not answer just wait them out.


lrhall41

Submitted by Frogpatch on Mon, 07/09/2007 - 12:12

( Posts: 5381 | Credits: )