Advice on dealing with an old debt and a collector
Date: Tue, 07/24/2007 - 06:05
Not long after I turned 18 in 1997 I opened a Credit Card account. I used the account for a few months, but got a general bad taste for using credit cards (the idea of spending money I didn't actually have yet bothered me). So I paid off the card (or so I thought). That was also when I moved out of my parent's house into the dorms in college and my parents sold the house and moved.
Apparently I'd paid accidentally a tiny amount under the actual balance due. Because of the moves, somehow in all the moving the credit card company never got my new address (and I thought the account was paid off and never gave it a second thought or ever used the card again).
Then, 4 years later in 2001 I get a collection call from the bank (not a collection agency). Apparently that tiny amount I didn't pay snowballed over the years with late fees and interest and overlimit fees until a $1000 limit card now owed $5800 or so dollars, with more interest accruing every day.
I was still in college, scraping by on a shoestring budget with a part-time student job and student loans and they were harassing me constantly (calling me 20 times a day or more, and being very hostile when they called, I got to the point of always leaving the phone off the hook or being online with my dial-up connection). I eventually struck a deal with them, or so I thought, of sending them a payment of $100, which was all I could arrange and in exchange they said they'd stop accruing interest and cease collection and I could repay the rest "later". (now I know that was likely foolish as it "re-aged" the debt, but I was trying to be honest and pay a debt, even if I didn't know about it).
I sent the payment, but they kept calling, as often and as aggressive as ever, and claimed they'd never made any kind of arrangement with me (they'd start at 8 AM, and call several times an hour until 9 PM). I ended up telling them that I'd moved when they called for me one time, that's what it took to make them stop calling.
Fast forward to last month. I'd generally forgotten about that old debt, and I then get a debt collection letter from JCC Christiansen and Associates demanding I pay the $5800, but they make the "generous" offer only valid in the first 30 days after they sent the letter to pay $2900 and they'll settle.
I don't have $2900, and as I understand it, since the last time I paid on that debt was 6 years and 6 months ago, and the Statute of Limitations on open account debts in Kentucky is 5 years, they can't sue me over this (especially if I don't admit to them that the debt is mine).
So, after researching my options, I sent them a debt validation letter before the 30 days was up (it was towards the end, like at 29 days, but I sent it before 30 days and have the Certified Mail receipt to prove it). I haven't received the return receipt back yet but am expecting it any day.
Last night my cell phone was low of charge and I plugged it in to recharge it. I turned it off when I went to bed at around 10:00 and this morning at 7:30 when I woke up.
So, when I woke up JCC Christiansen and Associates had left me a voice mail, apparently in the middle of the night. The voice mail was saying they were debt collectors and I had to call them ect.
I'm looking for advice. The debt appears to be beyond the statute of limitations, I've sent a validation letter, and unless they can somehow prove (and I don't know how) in a reply that the statute of limitations is not exceeded I'm going to send them a Cease Communications letter.
I'm keeping a close eye on what they do for fdcpa violations (I just wish I had a timestamp on that voice mail, if they'd actually called I could have had the phone company get my phone records. I know each violation is a strict liability $1000 in damages, but I'm wondering how many violations does it take to find it worth it to get an attorney (will a lawyer want to sue at only one violation, or would it cost too much?)
Am I missing any steps here? This decade old credit card debt is something that needs to just fade away.
You are right about both the statute of limitations and the viol
You are right about both the statute of limitations and the violated the fdcpa rules on collecting the debt when they called you at that time.
There are alot of knowledgeabel people on here that have dealt with these issues, someone will come along and help you out.
That is a ridiculous amount, I am being sued right now for an old debt, it can be a pain in the behind and very time consuming. Mine is with cach, a providian card. They are saying that I made payments that I did not, I can't prove a payment that I did not make, I have been going back and forth with these clowns for 7 months now, this is 7 months after they filed the lawsuit at my local courthouse. Goodluck
I filed a motion of discovery on them to have them produce all d
I filed a motion of discovery on them to have them produce all documentation that they have, after they refused to validate the debt. Get this, they said I have NO right to it. ok, you want me to pay just because you say I owe, get real. These guys are slim balls. Have you googled the company to see if there is any information out there on them?
I have googled J.C. Christiansen and Associates. They are a
I have googled J.C. Christiansen and Associates.
They are apparently a "Junk Debt" company that also operates under the name "Resurgent Capital".
J.C. Christiansen and Associates
I got a collection letter from J.C. Christiansen and Associates and they state that thier client is Resurgent Capital Services. Can thay sell a debt to themself?
That's the problem with companies with multiple names. They pass
That's the problem with companies with multiple names. They pass it around like a crack pipe. If you still have time, send a debt validation letter certified mail return receipt requested to both companies. Don't sign your name on the letter. Format this to your needs.
Your Name
Your Address
CITY/Town, STATE ZIPCODE
Date: March 9, 2005
Collection Agency Name
Address
CITY/Town, STATE ZIPCODE
Re: Acct Ref. # XXXXX and XXXXX
To Whom It May Concern:
This letter is being sent to you in response to an alleged debt. 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
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
Best regards,
alright....I see a few things wrong here. First, they called
alright....I see a few things wrong here.
First, they called you on a cell phone--unless you gave them express permission to call you at that number, you could raise a stink about them calling your cell phone--the FDCPA prohibits them taking any action in the course of debt collection that forces you to incur a cost as a direct result of their efforts. Calling your cell phone uses up minutes in your plan and you could argue that the cost is prohibited.
Second, you will need to prove that they called you in the middle of the night--it is not unheard of for a voicemail to have actually been received at one time, but not show up on your phone until a later time. They could have called you at 8:59 the night before, and been completely legal. You will need to show the time of their call to prove this one.
The SOL is solid as a rock, and there is no getting around that unless they try to lie. Hopefully you have documentation of your last payment to them and when it was, so you can prove your point. At this point you can send them a cease and desist letter, and explain that since the SOL has expired, they can basically take a flying leap. Legally speaking, they cannot sue you after SOL has passed unless you dont use SOL as your defense if they do. So, they can only call you anda try to get you to pay. In a case like this, since you legitimately thought you paid it all and it was done with, I would tell them to get lost.
Hi Fushichou, I'm also dealing with one of their companies I
Hi Fushichou,
I'm also dealing with one of their companies I think. Isn't LVNV "related to" Resurgent?
Anyway, I am also in Kentucky. The SOL is not set in stone. Apparently it's not very clear in KY. I know that there have been some judges who say that credit card debt falls under the 5 year rule, and others say 15 years.
I spoke to a lawyer, who used to be a judge, and when I told him my debt of 5+ years was past SOL he actually laughed and said "who told you that?"
Send the validation letter referenced above and make them prove the debt. Based on your story, they could be pulling the dollar amount out of thin air. It may not even be yours at all. You could have paid that card off like you thought you did years ago and the debt is actually someone else's.
