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first letter from debt collector

Date: Fri, 08/22/2008 - 11:28

Submitted by anonymous
on Fri, 08/22/2008 - 11:28

Posts: 202330 Credits: [Donate]

Total Replies: 12


in new york state, does any of the correspondence from a debt collector have to be sent by registered or certified mail to prove they mailed it??

if the answer is NO, then they can produce fake documents all day long that they sent me mail on a particular date. then why can't i produce fake documents that i DID request debt validation??? can't i even get a old blank certified mail blank form and fill it out too?? has anyone ever done this???

isn't it their word against mine that i actually received a demand for payment in the regular mail??

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also i am jugment proof, so what are the chances that a very good lawyer/negotiator can negotiate about 10% - 20% of the ORIGINAL debt (not the trumped up penalty/interest/fees that can double it) and have them remove all the negs from credit file and sign a release?? this will give the sleazy debt collectors some recovery from me and will allow me to settle for an amount i can actually pay.

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the reason is that my lawyer has advised me that i qualify for chapter 7 bankruptcy where all my debts will be wiped out without paying anyone anything. will this be a great bargaining tool for me??

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will a judge look negatively upon a debt collector that never answering a request for validation even though they aren't legally required to do so??? isn't this "bad faith" or something like that???

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i am not very concerned about bankruptcy, because in 2 more years, my brother and i will be getting a large sum of $$$4 when some land is transferred to us.

just curious.


A CA does not have to prove they sent you a dunning letter, only that they have a documented system in place for sending out such correspondence.

As for your fantasy that you are judgement proof, there are very few instances where an individual is truly "judgement proof". Yours doesn't sound like one of them. The fact that you might inherit money or property makes you a good target. You basically sound like someone who is trying to get out of legitimate debts by fraudulant means. I don't mean to sound preachy, but that's exactly the reason why the trolls come out and lump all of us in the category that you seem to fit rather nicely in. Good Luck!


lrhall41

Submitted by NASCAR_Devil on Fri, 08/22/2008 - 11:35

( Posts: 4671 | Credits: )


the property i will inherit: that was put in there to throw off someone who was trying to read my mails, as a joke. i meant to delete it , it is NOT true. i only wish i was inheriting that.

once i sent it, i realized i couldn't revise it.

my atty, one of the top 5 federal bankruptcy attys in nyc, told me that i AM judgment proof. i have no car, no assets, no job, house and i am self employed, make about $7k a year and live in a friend's house, for free. anything that i did ever own was lost in my family house in hurricane katrina. since i was not the homeowner, i did not get those belongings covered by insurance.


lrhall41

Submitted by anonymous on Fri, 08/22/2008 - 12:31

( Posts: 202330 | Credits: )


A judgement can be granted on anyone really. In Texas, they're good for 10 years and renewable for another 10. The whole time it's accruing interest at 8%. A small judgment can balloon to an astronomical number after 20 years. The hope for the judgement creditor is that at some point the "judgement proof" debtor wins the lotto, or an inheritance, or gets a job, etc..... then they can garnish or levy, etc, depending on state law.


lrhall41

Submitted by NASCAR_Devil on Fri, 08/22/2008 - 12:31

( Posts: 4671 | Credits: )


Actually, if you are a family relative of a homeowner, any reputable insurance company will pay for damage or loss to personal property.

It is different if you are a boyfriend, friend, "common law" spouse(i.e. not legally married) etc.

Obviously if there is no flood insurance (in the case of many of the Katrina claims), or if the type of policy was peril specific (i.e. fire only), or if the claim was not covered for some reason (i.e. fraud, unpaid premiums) it is a totally different ballgame.

Some states have laws that might affect family personal property, but they are very rare and there are normally loopholes that companies can work through.


lrhall41

Submitted by smo65d11 on Fri, 08/22/2008 - 12:43

( Posts: 1467 | Credits: )


As far as BK being a bargaining chip, I found that each creditor was very different in how they handle accounts. I tried to get mine to work with me and told them that I was trying to avoid BK. Some of them were very patient and encouraged me to try to definitely try to avoid BK. Some of them threatened to sue me and basically told me that if I had to file BK, then go ahead and do it.


lrhall41

Submitted by alias1958 on Fri, 08/22/2008 - 20:45

( Posts: 1230 | Credits: )