Too late to settle an old account?

Did they send you Validation or just tell you about the account? I would send Bowman & Heintz a DV request by certified return receipt Mail. You always want proof in writing before you proceed with anything. Also have you checked your credit report to see if it is being reported?

It sounds like it is past the SOL in most states. What state are you in?

I am in Indiana and I believe the sol is 6 years. The "validation" they sent was a letter on theier letterhead stating it had been a Providian credit card opened in 2000 and last pay 11/2002. This is all that I have received.

I don't think that that counts as validation. They would have to provide a copy of your contract or copies of bills. Not just a statment on thier letter head. You need to send out a DV letter and I'm someone can give a copy of one that you can use.

I do believe the debt is valid and I do intend to settle it so I'm not sure if I need to send another letter..........just wanting to know if anyone has tried to settle with an attorney, or if it would be appropriate to go back to the original creditor, or if I should be dealing with the collectin agency it was assigned to? Or is it probably too late to try to settle?

If they cannot validate the debt before the SOL expires, which chances are since the debt is so old, you cannot be sued for the balance. If you feel guilty about not paying it back after the SOL, donate the balance to a charity. Better than going into the pockets of greedy lawyers.

By all means I believe that you should pay the debt if it is valid. I think that you just need to make sure that the debt is indeed owned by them. I have read other posts that report paying a debt just to find out that it is owned by another company, and they come after you a second time. I just recommend that you get proof that you are paying the right people. Just take the few extra steps to make sure you are not being scammed by someone that got a hold of you information

ok, so...........who to contact to settle? The attorney? The original creditor? Or the collection agency? Which one??

'Guest'.....i was in a situation, similiar to the one you have. i would suggest to look on your Credit Report and see who is 'reporting' the debt. THEN see if the SOL is expired, or SOON to expire. ALSO..you will see, on your CR when the 'drop off' date is. In most states, if you start paying on an old debt, BEFORE the SOL, the debt 'restarts'. If the debt is CLOSE to the SOL< I would just leave it alone. But, of course, it's your decision what you want to do.

Start with a VD letter to Bowman & Heintz, if they are the ones that last contacted you.

Can anyone give me a format for a "DV letter"?

Click on the ??????? Do it yourself??????? link above ???????then on sample letters. You can copy the letter and edit it to meet your needs. Other folks may have better letters that they will post or have posted in other threads. You can do a search in the box on the top left side of the page.

ok: Today I received another letter from b&H stating that they have filed a lawsuit and it stated a case number. It said that if I wanted to make payment arrangements, to contact their office. I obviously want to try and settle, should I start at 50%? Should I call, or put my offer in writing?

[color=Green][/color][font=Georgia][/font]I don't seem to be getting any feedback on my question, but for the record, here is what I intend to do. Once I receive something from the court showing the amount they are asking for, I am going to send a certified letter to the attorney, also to the collection agency, and also to the original creditor, all offering a settlement of 35% or so. My hope is that one of them will respond favorably! I will follow up on the results of this 3-pronged approach when I have news.

Did you send them a debt validation (DV) letter? If you already have, they can't sue you till they validate the debt. If you have not, send one now, certified mail, return receipt requested (CMRRR) and it will buy you some time.

First things first here, OK? You're missing our point.

If you just want to settle, you could try 50%. They'll likely look at it as you running scared, and go for the throat, though.

Have they validated the debt?

This is key. If you sent a DV letter and they responded with a lawsuit, that's a 1. Read: counterclaim. If you didn't send the letter for whatever reason, answer the summons, and request validation during discovery. If they can't produce it, file a motion to dismiss.

Do not panic if they have responded your DV letter with a law suit, it is basically a tactic used by the CAs to scare consumers and force them to pay.

All you have to do is maintain all the paperworks that suggest that prove that the CA is in the violation of fdcpa.

Nelly

hmnmmm..don't hit that panic button and don't get taken advantage of!!!!

sol on a bad check

i know this thread is 3 years old, but I'm going through the exact same thing, so I HOPE I can get a good answer here.

I just happen to check my county courthouse records, and Bowman filed suit a few weeks ago, with a court date coming up in June. But I haven't been served yet. They are collecting for Midland, so how can I handle this?

I want to settle this, as the debt isn't that much, for 25%, so do I contact Bowman to make payment, or Midland directly?

I just want to get rid of it, I know if I go to court, they will not be able to prove that I owe this, but won't they just sell it off to the next JDB, and I'll have to go through all this court stuff again and again?

I'd rather settle, and demand they won't sell/xfer the balance to another JDB, than for the debt to keep getting passed down and possibly end up in court every year.

Thanks for you help! :)

First think I would do is look on your credit to see if it's there. If it IS there, find out when the SOL and 'fall off' date isw. How old is this debt?

thanks for responding. the DOFD was only about a year ago, DOLA 1.5 yrs ago, so it's definitely within the SOL. Haven't checked the CR. If midland's on there, is that who I should pay, or should I pay the the law firm?

anyone?