Lawsuit

In my personal opinion I would send a dv ltr to them asking them to provide proof of this debt. Have you contacted the loan company where your car is financed through?

Contact them again..someone will be along shortly to advise further.

ladybug

Should i still send them a letter to validate even if know for a fact it is valide? I mean i did take out the loans, but if you think i should i will.

To answer your question yes i did contact the bank that i got the loans from explaining why i haven't paid and telling them i want to start paying again once i get an income ( i just got a new job) i also called them to explain the situation. So i've sent one actual letter and a call and they reply with a lawsuit, how lovely :(

thanks for the info so far..

-Dave

I wonder if this isn't a collection firm that is doing this to you. If you agree with the debt, I would definately call these folks, explain that no money is coming in right now and is there anyway you could start payments when you find another job. The only way to tell if a lawsuit is actually filed is if you get communication from the acutal courts. Since this hasn't happened, my gut feeling is that this is a scare tactic.

I quickly looked up Zacherl, O'Malley & Endejan, S.C. which is who the letter is from. They are infact lawyers in fon du lac and it does say attorneys at law. I thought too it was a ca but why does it say attorneys? wouldn't they first send this debt to a c.a.? I will contact them monday and explain my situation..

I do know that some law firms also do collections, based on my personal experience, which is what I think is happening in your case. Definately, definately contact them and explain your situation.

Thanks for the quick replies, this is really putting my mind at ease for a while. Anyway with more research on them here's what i've found: Zacherl, O'Malley, and Endejan, S.C.
Business & Corporate, Creditor/Consumer, Criminal, Estate Planning, Probate, Elder Law, Family Law, Personal Injury ... more

I'm guessing your right here about them collecting debts as well then. I'll write a letter explaining my situation, and asking for debt validation. I'm going to send this as certified mail, however i'm wondering is it ok to have the recipet that says they've signed for this letter and recieved it sent elctronically instead of a paper recipet? will that still hold up in court if need be? Thanks

Also forgot to ask, what is going to happen to my car? Thats the only thing i own that has value i live with my parents (im 18), so even if they did sue me what would that eve do? I mean i have no income right now nor do i have anything of worth, except my car, are they going to take my car ?

Thanks again,
-Dave

Not sure of that, as you would have to go back to the laws of your state to verify that. Like I said again, unless you have gotten a letter from your local courts, they have not started a lawsuit against you--and if they are working for the creditor (which I am sure they are), you also have the right to get legal representation yourself. Since you're not working, you should contact Legal Aid in your area. Good luck!

I will contact them and try to work something out, i really would just like to start paying again, and not get all these lawyers and courts involved. This bank is known for being real nasty when you dont pay.. I'll update you guys on what they say to reply to my message! Thanks
-Dave

"Law firms" which are in the collection business must follow the same laws as a collection agency (the fdcpa). The bit about "we have been authorized to start a law suit" is probably a violation. Most of these sort of lawyers are failures at other branches of law. Send the letter demanding validation, asking for strict proof of how they calculated what they say you owe. As to your car, if reposesed, they'll auction it, and demand the difference from you of what ever it brings.

Good luck Dave! Looks like you're in good hands here.

To the least sophisticated consumer (which is what the law looks to when determining use of complicated verbage and veiled threats) it sounds like a veiled threat of impending lawsuit. If I am correct in this they now have 30 days to follow through to keep from violating the fdcpa.

The one defense that has not been discussed is are they acting as a lawyer strictly for the creditor or are they acting as a collector. The safe harbor language in the letter does not prove or disprove this in my opinion yet.A full copy of the letter would be helpful.

Heres the letter guys..

Quote:

haha i just noticed they forgot the #2..

That looks to be a valid 809g letter.Send them a dv letter and demand validation.

Hey CB, doesn't that look like a lawsuit threat? If they don't follow through with it, there's a fdcpa violation, remember it is based on the interpretation of the "least sophisticated consumer"

It could be a possible violation,but I consider it too weak to stand alone for a suit. if other violations were to happen,then that is another matter.

I know of one attorney who would sue for that opening line. It's misleading, and would make 9 out of 10 consumers think "I'm being sued", as if they'd already filed. It's a scare tactic. They might not own the debt, but they are a collector "law firm", and must follow the same law as any other collector. That's why it reads like any other dunning letter.

I got a similar letter as dave as of feb 11, 2009. I don't owe as much(under 1k, it was like 600 something but with apparent fees or something it is 900 now). So, your thoughts guys? Advice would be most welcome.