Lawsuit threats

one, by changing there demand.. in full or sue nd then offering different, it says to me that they have no intention of sueing or perhaps do not have the authoirty to sue (which would make thier threat illegal. I would gues they are trying to get their money as fast as psossible. se if you can restart the oringinal plan with the original creditor

I probably should add that I received in the mail today a letter from CPS stating a "presentment of a claim on a sworn account". Again not sure if this is more of a front or the real thing though their change in demands does make it seem like a threat than anything else.

Send them a cease and desist, and tell them to only contact you through the mail. You don't need to be harassed like that.

The most that will happen if they take you to court is they judge will make you make payment arrangements.

Don't even let them bother you. :)

Thanks, I'm feeling a bit better after the two responses, but I guess I'm still a bit nervous from the threat of "fraudulent credit card charge". This debt is not a credit card debt.

This was actually the first time they had called, they had written before but with mainly form letters that I've seen from other collectors.

I still have the item that they want payment on, if they do file a suit or something, will they send someone after it? I'm in an apartment here and am trying to cover the bases as I really wouldn't want this situation exposed to my landlady.

I plan on trying the original creditor some point this week to try to work out a legit payment of the debt.

Did you have a workers compensation claim at any time? From what i find when I google the phrase "presentment of a claim on a sworn account" deals with attorneys collecting fees from the opposition in workers comp cases... I'll keep looking to see what i can find, but it looks like they may be using as big a words as possible to try to intimidate you. Don't be. You now have 30 days to dispute the claim and ask for validation. The clock is ticking, don't let it run out on you. There are many examples of Validation letters , many of which include a cease and desist directive. Ill see if i can find a few links to a few of them for reference.

what is the real nature of the debt

The debt is legit and I didn't mean to imply anything other. It's a household item in which I made 2 of the first of 5 flex payments till I ran into trouble. They have sent letters for a couple months now, but just the same letter until the last one. The call was the 1st one. Hence why I'm starting to believe a suit is really forthcoming.

I'm just now getting into financial position to make payments but cannot pay in full or as much as the last offer of half up front then payments, which in this case is about $500 up front. I'd like to make an another offer of what I can pay but I know I'm just going to get yelled at and threatened.

Perhaps I should mail the offer?

Mail the offer to them, and make sure to put in the letter to communicate by mail only--To keep your phone from ringing off the hook. Offer what you can afford to pay.

Keep us posted on your progress and we'll help out where we can. :)

Jessi - Thnaks I'll mail the offer. They've only called the one time so I'm not sure my phone will ever ring off the hook from them. But I'll put it in there anyway.

I wish someone else there would speak to me. They want to to transfer back to the original yeller everytime I've called in since.

Maybe in your offer request that the account be handled by somebody differently because your account representative offended you by yelling at you previously. If you got his name, give it to them in the letter.

WastedTalent

In some of the sample letters in this forum, it states in the letter that you're not disputing the debt, but simply asking for validation. It can also be used to find out if they legally own the debt. You may use the sample letter below as a template.
[quote]Date: Friday, March 24, 2006

Re: Acct # 07655-C5-4329

To Whom It May Concern:

This letter is being sent to you in response to a telephone conversation placed on March 22, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;
  
• Explain and show me how you calculated what you say I owe;
  
• Provide me with copies of any papers that show I agreed to pay what you
  say I owe;
  
• Provide a verification or copy of any judgment if applicable;
  
• Identify the original creditor;
  
• Prove the Statute of Limitations has not expired on this account
  
• Show me that you are licensed to collect in my state
  
• Provide me with your license numbers and Registered Agent

• Violation of the Fair Credit Reporting Act
  
• Violation of the Fair Debt Collection Practices Act
  
• Defamation of Character

Thanks Mikey, I'll send that out ASAP. Should I send it out certified?

The name of the company is CPS Security. They appear as CPSI in TX when you search on the BBB site.

I called the original creditor yesterday and they said that perhaps I could mail the payment to them and they would forward it to CPS, but they were not sure if CPS would just send it back to me considering it would not be the amount demanded. Plus isn't it better to get an agreement in writing to a payment plan before sending any money?

WastedTalent

You can make your first attempt CMRRR, which will prove to you they signed for it. However, some companies will not accept this type of mail, and you'll have to use another method.

My recommendation would be to wait till you hear something back about the validation letter. Yes, getting everything in writing is always an excellent idea. Get a few sheets of paper and reserve them for your notes of when letters were sent out, and calls placed with dates/times/etc.

Regards-
Mike