Javitch, Block & Rathbone/SOL

They are a bottom feeder law firm. DO send in a debt validation letter, find a good one on this site. I have dealt with them before and they did not validate my debt. Make sure you keep a copy of the debt validation letter and send it asap certified return receipt requested. Keep every piece of correspondence you receive from them. They are the lowest form of debt collection attorneys.

What happens once they don't validate the letter? I've read up a lot about them on this site, and they seem rather wishy washy in terms of what they help out with or don't. Some people have even filed bankruptcy in lieu of dealing with them, and I certainly can't afford to do that.

Also, what repercussions will my husband face as a result of this? We weren't married when I had this card--didn't even know one another. He works, but I don't. We're both struggling to make ends meet as it is, but I was going to start substitute teaching so that I could pay off this debt. We own our home, have no car payment, etc. The house and car are both in my husband's names. I essentially have no assets to speak of. I have a checking account with $4 in it. That's about it.

Sorry, by the way, if this is a lot of nonsense. I'm really scared about this whole thing.

All collection efforets must stop during the validation period, all credit reporting must stop also. If they proceed to attempt to collect that debt in ANY way ei, (call you, send collection letters, report on your credit report, et.c) then they are in violation of the FDCPA. If this happens (and it probably will with them), immediately file a complaint with the FTC (link in my signature), the BBB and your state attorney generals office. You will have the option of suing them for violating your rights through the FDCPA up to $1000.00. I believe it's more if they violate the FRCA.

Okay, that makes sense...but if they don't respond to the letter, obviously they're in violation once they continue efforts to collect on the debt. Gosh. This is such a headache. Thanks for helping out so much, by the way! I'm sure I'll continue to have a long stream of questions coming along.

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They are sue happy just so you know..

http://www.budhibbs.com/collectorpages/javitch_block_rathbone.htm

SOL in Ohio is 6 years on credit cards. If it has been more than that you are good. To find out, look at your credit reports to find the date of last payment. Deffinately send a DV letter CMRRR.

I'm not sure if it's been more than that or not. The account was taken over by Midland recently, but I don't know who had it before them. How can I find this out?

***Nevermind, I just realized the SOL hasn't quite expired as I last used the card in July of 2004. Not sure if I made a payment after that or not, but I know I made one the month before that.

So, I'm getting ready to print off my DV letter and will take it to the post office in the morning so that it has the proper certification. What else can I do to make sure I don't get sued?

A dv letter is about the only way to stop them at this point. They can only continue to collect if they validate. If they sue before, you counter-sue, if they harass you before validating, you sue.

Of course to sue there is one exception. If they sent a letter to you for the first time and you did not respond in 30 days then they do not have to abide by the laws for a dv letter. Some states might have their own laws too.

If they are representing Midland, that is a Junk Debt Buyer (JDB) that bought the debt for pennies on the dollar. If they do sue you, fight back and defend the case. Make them prove everything, their right to collect, proof of assignment in accordance with Ohio law, complete accounting from a zero balance (good Ohio case law is Asset Acceptance v. Proctor). JDBs can rarely prove their case.

And, in your DV letter, invoke the arbitration clause that is undoubtedly in the OC's agreement. If they sue instead of arbitrating, they have violated the FDCPA. And you can move in court to dismiss or stay the case pending arbitration. I just won a stay in an Ohio court on this. Ohio law mandates that a trial court stay pending arbitration if there is an arbitration agreement. For more info on what a powerful weapon arbitration has become after the demise of NAF, check out the legal forum at creditinfocenter - dot - com, especially the posts by Trueq.

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OK, this is the paragraph you need to add to your DV letter to invoke the arbitration clause:

If there is an arbitration clause in the cardmember or other contractual agreement for this alleged debt, I hereby exercise that clause and elect arbitration to resolve all disputes between me and your client. Electing arbitration bars litigation in court. If you sue, instead of arbitrate, this claim, you are in violation of the FDCPA.

hi,

what did happen in your case? I am being contcated for the first time by same company.

i too was contacted by them and would love to hear followups from others who have gone through the dv process.

Any one else have a follow up to their dealings with this company? I just received a letter from them.