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Re: junk debt buyers-spoke w/attorney

Date: Thu, 04/27/2006 - 16:18

Submitted by Bossy4455
on Thu, 04/27/2006 - 16:18

Posts: 5854 Credits: [Donate]

Total Replies: 2


I just spoke with two different attorneys,we had a call-in deal w/local tv for free advice. Anyway,I explained Sears sold my account to junk debt buyer who was refusing to take payments,thratening,ect. I found out if it isn't the original creditor trying to collect and they want to issue a judgement against you, they have to go through District Court,which amounts to alot of money for them.Plus,they don't have to be licensed here(Okla) but do have to show up where you live. Both attorneys offered almost the same advice. They said you can 1) Send and tell them to not call-cease and desist and wait to see what they do,especially if it isn't a tremendous amount(mine is 3,000),because it costs them money to do anything. or 2) Send them a payment you can afford,with a letter(keep a copy) of this is what I can afford,and when.The reason they said to do this was that interest accumulates,and if they do take you to court,they have to take that which you paid off. Plus both said that if they do get a judgement,you can claim hardship(I lost my job) and the court will work a payment you can afford. Not exactly what I'm going to do yet,except send them one more letter to validate,and if they don't,I know I'll contact the credit bureaus. Just though this was some interesting facts-straight from the horses mouth,so to speak! :) Karen


Karen

You are following the right procedure in resolving the matter. Before you start paying anything, you need to get the details of the debt in writing. This will identify them as the genuine holders of your account. If they can't give you the info, explain the situation to the credit bureau. If the company has hit your file, they will remove it due to lack of information, or perhaps mark as 'disputed'

Do your correspondences in writing with them. Also, you should send them through certified mail with return receipt requested. You will cover your basis and all your actions taken to resolve the matter will appear clear.


lrhall41

Submitted by david on Thu, 04/27/2006 - 16:50

( Posts: 1229 | Credits: )


Thanks,David. Yeah I'm Doing the one last letter for validation To see if they respond this time first.Thought about putting how many times they have broken fdcpa reg. in there,but might be pushing my luck doing that. I do,by the way,send everything certified return receipt,and also keep a file folder where I put everytime they talk to me,names,what was said,date,etc. I learned a long time ago to C.Y.A,from my job workingfor the State and having to follow federal guidelines! Thanks for responding :) ..Karen


lrhall41

Submitted by Bossy4455 on Fri, 04/28/2006 - 22:28

( Posts: 5854 | Credits: )