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Debt verified by lawyer...what now?

Date: Tue, 02/17/2009 - 09:25

Submitted by briebeaz
on Tue, 02/17/2009 - 09:25

Posts: 15 Credits: [Donate]

Total Replies: 12


A local lawyer is threatening to sue me for $6,200 in credit card debt. I sent him a letter asking him to verify the debt and he responded. He sent me a faxed copy of an old credit card statement and a very confusing spreadsheet showing a lot of numbers I don't fully understand. This guy is still asking me to pay the full amount and is still threatening litigation if I don't pay up.

What can I do about this now? Is there another letter I can send to buy myself some more time? Should I ask him if I can do some sort of payment plan? I really have no idea what to -- all I know is I don't want to get sued. (Hey, that rhymed.)

Please help. I'm freaked out. :(


Just throwing a little info out there for you. If it is still within the 30 day window of the dunning letter, the next time ask for a VALIDATION of the debt and NOT a verification. There is a VERY good validation sample letter on this site, link is below.
http://www.debtconsolidationcare.com/collection-agencies/better-structure.html#318981


lrhall41

Submitted by Shazzers on Tue, 02/17/2009 - 09:47

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Yes, you need validation. The spreadsheet is worthless, it is from his own company most likely and if it doesn't have any identifying names, then who knows where it came from. The old statement is only good if it is the LAST statement, that shows the final amount due..any old statement won't cut it.

You need to send this in a letter, certified mail return receipt. Inform him that what he sent does not constitute validation. Also inform him that should he sue you over it, you will demand this information in Discovery. Also inform him that any violation of your rights will lead to a counter suit or your own lawsuit.


lrhall41

Submitted by goldenbast on Tue, 02/17/2009 - 11:58

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Also be careful when reading the validation. If the last date of payment you made was back in 1999, chances are this the case will be dismissed. Law offices always try to scare people into thinking they still owe the money. Technically you still do owe the money, but there is no legal action that can be done once the SOL has passed. Once you agree to what bargain offer they have, that starts the date all over again.

Files like these get handed down from agency to agency, and it's mindboggling that some account manager think it's a good idea to be #19 in attempting to collect on something from 1989 or whatever the year may be.


lrhall41

Submitted by Teleport on Tue, 02/17/2009 - 12:40

( Posts: 1388 | Credits: )


Here's what the lawyer sent:

--A letter demanding payment to "avoid litigation."
--A credit card statement dated 6/05.
--An affidavit showing that another collector bought the debt from the original card issuer.
--An amortization table I don't know how to read.

I should definitely send them another letter, right?


lrhall41

Submitted by briebeaz on Wed, 02/18/2009 - 15:17

( Posts: 15 | Credits: )


Is the statement the last statement? Does the amount on that statement match with what they are trying to collect?

If they don't match, or they are trying to tack on fees and interest, then they need to prove up the extra amount in the form of a signed contract that spells these charges out, otherwise they can only charge the state interest rate and NO fees.

OH They may try to tack on attorney fees. They CANT tack on those fees until they go all the way to court.


lrhall41

Submitted by goldenbast on Wed, 02/18/2009 - 18:35

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I'm not sure if the statement the lawyer sent is the last statement or not. My records don't go back that far. And it's doesn't at all match what this a$$hole is trying to collect. The amount due on the statement is about $1,500. The last collection notice I got for it from a collection agency, dated January 2008, had the debt at $3,000. This lawyer wants $6,200 plus 29% interest. It doesn't add up at all.


lrhall41

Submitted by on Thu, 02/19/2009 - 10:06

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Then send him another one asking to VALIDATE not VERIFY. What he sent leads me to believe that he just sent a statement to Verify.

I'd simply state that the amounts do not add up to what he sent and would like an explination on how the amount due on the bill lists a completely different amount then what they are asking.


lrhall41

Submitted by beli2005 on Thu, 02/19/2009 - 10:13

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