Collection agency threatening lawsuit

So when is the last payment you made?

Are you still in Massachusetts?

What is the Debt Collector company name?

Do you have any letters from this collection agency?

Yes I own a house in MA
Debt collector is Attorney levin's not sure about attorney part something and Levin's
I have never been contacted in writing.

Well it has been 3 years so it is understandable you would like an accounting. SOL issues could be iffy since you have been making payments, but I think any judge would agree that it is not unreasonable to want documentation. Especially in this day and age when there are many CA's who operate and collect illegally.

Send a letter to the place, asking them to validate the debt and to give you statements of the account. Explain that you want to make sure they are the authorized to be getting your payments.

If they do not comply, then send them another letter, stating that it is your right to get this information from them and until they comply they will not be seeing another payment from you.
Make sure you send these letters CMRR for proof.

If they do sue you, countersue them for violation (continued collection activity after DV request) and sueing you when you have asked for validation.) Then you can also explain to the judge that you only stopped payment after you asked for validation and they refused to provide it, that you will not pay any further on an account they may not have been entitled to collect.

Here's what I know about the collection laws for MA. 1 they can not contact you at work more than once a month. 2 they can not verbally contract you more than 2x a week at your home number. collection agencies are not allowed to take postdated checks or ask you for any form of payment that will cost you money, other than a postage stamp, to send it to them.

Because it is difficult to collect on accounts in MA it makes you a higher risk for being sued within the SoL. That's the bad news.

It's likely they mailed your old address with the first contact letter. Even though you have been paying them you are still allowed to ask for the debt to be validated. Send them that first and it will help stall any attempts to sue you, if that is on their agenda. But if they file before you send the letter you will then have to get everything through discovery.

Would it happen to be RUBIN & LEVIN, P.C. in Indiana?

If so, any contact from them is illegal because they are not licensed to collect debt in Massachusetts.

I don't believe so since it's an 860 number which is CT.

well the only attorneys in CT close to that last name is Levine. This is the only one with a 860 number.

Green & Levine LLP
231 Farmington Ave
Farmington, CT 06032-1915
County: HARTFORD
Phone: (860) 677-7004
Fax: (860) 677-7005

Cool, thanks a lot. I'm going to call the number tomorrow to make sure it's the right place then I'll fire off a letter to find out about this debt.

i would jot down when this attorney threatened suit.if he doesn't file suit in 30 days that's an fdcpa violation.they can't threaten a lawsuit if they have no intention of or can't file a suit.

can capital recovery send me to jail i have no money what do i do they said have a pending law action from their office what do i do i cant go to just i do not eben have a attorney should i get one

No you can not go to jail. the only time I heard of someone going to jail is in my state, Massachusetts. If people fail to show up for the payment hearing an arrest warrant is issued to bring them in front of the judge. One guy was held for 30 days.

but they said because of a payday loan

they said if i do not pay the amount they have i go to have legal action taken against me for the amount for the payday loan i do ot have one red cent i live in low in come houseing someone please help me

You can't goto jail for a payday loan..this is the favorite threat from these losers. Send the company a DV letter asking for proof that this is your debt and that they are legally entitled to collect upon it. Also include a limited cease & desist, stating they may only contact you by mail. Don't sweat it..you will not be arrested for an unpaid payday loan.

do have anything to worry about what what the legal action they are talking about

ray,was this a storefront or internet?if internet it was just a blanket threat to scare you into paying.if a storefront they can take you to court in a civil capacity not a criminal one.

i have no clue but they said if i do not pay the payday loan i will have a legal matter does know ehat legal action they can do to me

they are legit. THey will put a lien on the home. Trust me, they are a serious law firm and have very good atty's working there. You owe the money so you gotta pay some way. THey will also execute your bank account or paycheck (if applicable) to get their money.

Sue, they can't place a lien without first obtaining a judgement thru the courts.

sue i'm guessing works for this pdl whoever they are.you are right guest,they would have to go to court first.being as it is a pdl i doubt they can.

my home has been turned over to a collection agency is this legal?

A CA can't take your home!

I think that was a bogus post...NO home can be turned over to a CA...at the very most they can go to court, obtain a judgment and then put a lien on it..which means when you decide to sell, they get paid out of the sale money first, before you do..they don't just suddenly own your home.

your right goldenbast,that is a bogus post.the trolls are getting more creative.

Posted: Fri Jan 30, 2009 6:35 am Subject:

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I think that was a bogus post...NO home can be turned over to a CA...at the very most they can go to court, obtain a judgment and then put a lien on it..which means when you decide to sell, they get paid out of the sale money first, before you do..they don't just suddenly own your home.
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they don't suddenly owe unless you have a second on the home? the circumstances greatly very in my experience yes or no?

no they don't.