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Dealing with vital recovery

Date: Tue, 02/17/2009 - 14:20

Submitted by anonymous
on Tue, 02/17/2009 - 14:20

Posts: 202330 Credits: [Donate]

Total Replies: 4


First off the debt is from a car being repoed 6 years ago. I live in Iowa. The first letter I got from them had almost no info on it. Just account numbers and how much i could afford to pay amonth. I didnt even think it was real. The second letter came one month later wanting me to send my tax return to them. After that i sent them a debt valdiation letter, but they refuse to send me the information saying I was using stall tactics and they legaling dont have to send me anything. The lady started talking over me and saying they were going to do a title 4 on my house. I told them at this time i was unable to do any type of payments due to the fact of only getting 30 hours of week and coming back from a 2 week plant shut down do to low hours. Can they go directly after my house with out trying to garnish my wages first? I dont even have enough paind off on the balance to my house to cover the debt lol. Any help on what to do would be great. thxs


The only way they can go after your house or garnish your wages is if they first sue you and get a judgment. After that you would go to a payment hearing and set up payment plans. If you fail to abide by the agreement that is when they usually go after your house, assets or wages. But they need a court order to do it.

Now you say the car was repossessed 6 years ago? if that is the case the statute of limitations could have passed on that. Everything but a written contract is 5 years in your state. A written contract is 10 years,BUT they must have the original signed contract in order for that to stand up in court. If they don't have it then you could probably get it under a promissory note and that is 5 years, thus they can't sue you and the SOL has passed.

One thing they are right on is that you did not respond to their first letter within the 30 day period. If you respond after that, they are under no obligation to respond to your DV letter and can sue you after it was sent. If you sent it before the 30 days where up, they would have to provide validation and couldn't sue you unless they provided documentation.


Hope this helps.


lrhall41

Submitted by pokertramp on Tue, 02/17/2009 - 16:35

( Posts: 512 | Credits: )


I do not know who the hell Vital Recovery is, they call my house continuosly looking for Alexander Simon, I have returned the calls and left messages expressing the fact that there is no and never has there been anyone here by that name.

If this continues I will be filing a law suite against them for harassment, for continuing to call this number after being told the person does not reside here and never has.


lrhall41

Submitted by on Thu, 09/24/2009 - 20:34

( Posts: | Credits: )