Got a letter from blatt so and so & moore
Date: Mon, 03/01/2010 - 20:39
I received a letter from them a few days ago,about an 5yr old credit card,$900 now about $1200.I searched their name & ended up here.I sent them a validation letter,certified mail.Reading about the suits,summons & frozen bank accounts has me scared to death.I am disabled,my income is Social Security only,I own a 9yr old vehicle only.Any advice? what is my next move?
TIA!
blatt hasenmiller leibsker & moore??? You did the right thin
blatt hasenmiller leibsker & moore???
You did the right thing by sending a DV letter, that should at least stall them....What state are you in? You say the debt is 5 years old, is that the last time you made a payment to the original creditor? Also I will add that if they are not an attorney in your state, they cannot sue you.
Hopefully the debt is passed the statute of limitations which means that if they file a lawsuit, you can use it as your defense and get the case dismissed. It is somewhat rare for debt collectors to hire an attorney to sue on time barred debts but it does happen and is wrong.
Also just so you know, You may have a 9 year old vehicle but unless it is exempt, that being that the vehicle is worth less than what your state guidlines are, then they can take it IF they sued you and got a judgment...if it is exempt, they cannot touch it.
Also Social Security is exempt 100% from judgments against credit cards, SS can only be garnished for child support, federal loans and back taxes.
seeing as your income is exempt and if you assets are indeed exempt, you would be judgment proof, also known as execution proof. What this means is that while you can be sued and a judgment can be entered against you, the judgment cannot be enforced until your condition improves. Judgments in most states are good for up to 20 years. If you never plan on returning to work and plan on SS the rest of your life, you have nothing to worry about. The only bad thing that could happen is it could hurt your credit if your judgment proof.
I live in Illinois,which is where they are too. UGH! I really
I live in Illinois,which is where they are too. UGH!
I really don't want a judgement on my record.How likely is it that they will do that?
the debt has 1 yr to go til SOL,so I guess just wait for them to validate it,then set up payments?
Did you send them a debt validation letter certified return rece
Did you send them a debt validation letter certified return receipt requested? You only have 30 days to do this after you receive your first letter of collection. The chances of them validating a 5 year old debt is slim. Make sure you keep copies of all correspondence to and from them. I wouldn't worry about setting up payment arrangements with them until they validate this debt, and even if they do, make sure you get everything in writing, don't make any agreements with them over the phone. All collection efforts must cease during the validation period so you have no need to worry about liens or garnishments until they validate the debt and get a court order, but you will be summoned before any of this can happen. Just send a debt validation letter and take this one step at a time.
Yes,I sure did send the letter certified with a receipt,I learne
Yes,I sure did send the letter certified with a receipt,I learned all of that here :) thank you all!
I read the horror stories of waking up to locked.frozen accounts,no notice & I am just freaked as hell that is going to happen to me.
*breathes into paper bag*