dealing with attorneys for collection agencys

Hi nancy, pls don't hesitate to call them to make your offer. You never know they may agree to your proposal this time. Legally they can come after your father's wage as he was the co-signer. Try if you can get some additional help form your father or you may try to manage a part time job to make some extra money.

What state do you live in?
It is important to know because if it is a letter from an attorney, we need to see if he is licensed in your state.

They really can't refuse a payment, if you actually send them a payment and they refuse it then they will dishonor the contract and void the debt.

Attorneys will find an attorney licensed in any state to work with them!

Thanks guys for the advice .. I live In AZ

tweetyturner ... I am a single mom and work 9to5 and it takes me an hour to get home cant afford a second job.. And would never ask my dad for anything else I already let him down.. on this

JCEMT .. You always have good things to say. who do I call the attorney or calvary??
I really want to send a VOD letter but I am scared???

had a co-worker get the same letter a couple weeks back, she sent a VOD letter and the debt has been cleared( seh did owe the money_
I guess not very smart lawyers...

waht should I do.. I will take all advice

Nancy,

It is your RIGHT to ask for validation of a debt. Don't be afraid to do it! If they can't validate, then they can't collect. If they don't validate and they continue to try to collect, and this means even reporting it on your credit reports, they are in violation of the law and YOU could sue THEM!!!

About your dad...you NEED to work with him on this. His name, credit and possible wages are at stake here. First, if HE has received a letter from a CA (and/or attorney) HE should send a DV also to them. Again, if they don't validate they can't collect.

Doing this paves the way for your next course of action: Once you send the DV, start to come up with a game plan with your dad...see if you can come up with some $ to negotiate a settlement. If the car was sold at auction, you should have received a deficiency notice from the bank. Any amount above that is probably late fees and interest that the CA tacked on. Negotiate from the deficiency amount and work out a repayment plan from that. Again, if they don't validate, they can't collect. Chances are they will probably sell the debt to another CA. This will buy you some time to save a little more so you negotiate.

Also, check your credit reports to see what the status is on this account. The original lender should have reported this and the amount past due will show on your report. BTW - HOW LONG AGO DID YOU return the vehicle?

Also, I checked Bud Hibbs website and he lists Calvary as a bottom feeder CA. I wouldn't doubt that Ewing is one too.

Hope this helps!

If the original creditor still owns the debt then I would suggest continuing to make payments to the original creditor. If the collection agency owns the debt and they have retained legal council you would probably have to go through the attorney's office. Not entirely sure if it always applies so perhaps someone with definitive knowledge could chime in here?

That is the purpose of doing a DV. To find out who is the owner of it, the correct amount, and if the CA/attorney is authorized & licensed (if required) in your state.

There are many CA who pose as Attorneys (albeit illegal). Calvary CA is a bottom feeder and I'll bet that they bought this from a different CA and tacked on usurious fees.

As Nancy stated in her original post, GMAC sold it to a CA who sold it to Calvary who 'sold' it (or is in cahoots) with Ewing.

See the pattern...on CA sells it to another...who sells it to another...and so on.

NANCY - when did you return the vehicle to GMAC??? Why I'm asking is to see if it is pass SOL (statute of limitations).

Gosh first of all I love ya guys . I have not been able to sleep in the last couple of days.. Dad just recieved the letter the other day.. and all your advise is very welcomed..

I gave the car back in 2005.I think January febuary at the latest. I am thinking the statue does not run out till 2009 :cry:
I was reading a VOD letter on here the other day and seen that a collection person responded and said basically when they recieve them they just put in there notes to sell to another collection agency. Gosh I wish this would happen.. Again I do want to pay really. I just never had recived a letetr from an attorney and I am scared.. and in all reality I didnt My dad did not me so that really scares me.
I really want to do the vod when do i send it like a week before the deadline I am gonna copy and paste what i have come up with I have taken lines from here and there let me know what you guys think

To Whom It May Concern:

This letter is being sent to you in response to the first notice I have received from your office . 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 .

In accordance with the fdcpa, I have the right to request for a validation and you are required to verify the validity within 30 days. This is asking for adequate proof regarding this and verifying the same.

What do I need you to provide as the debt validation.

1. Explain and show me how you calculated what you say I owe.
2. Provide me with copies of any papers that show I agreed to pay what you say I owe.
3. Identify the original creditor.
4. Prove the Statute of Limitations has not expired on this account .
5. Show me that you are licensed to collect in my state.
6. Provide me with your license numbers and Registered Agent .
7. 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.
8. 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..
9. Front and back copy of the original Purchase Money Security Agreement (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
10. The voluntary Repossession bill.
11. Notice of Intent to sell the vehicle and proof of delivery, a copy of the Auction Proceeds check and the original deficiency Balance demand letter.

Please respond with the requested information within 30 days, as required by law. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. If you are unable to provide any or all of the documentation requested I ask that you send me a letter of deletion so that I may have this cleared from my credit report and that all attempts to collect this supposed debt are ceased. If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.

[color=Red]Lies and hot air deleted. - Uncle Wulf[/color]

If you wish to continue posting here please refer to the Terms Of Service agreement

-JCEMT

you see,you can't be arrested for a debt dog.debts are civil matters not criminal ones.misinformation like that will be deleted in the future.

??
A smart person wouldn't take that seriously. It is an illegal threat and could result in A) you losing your job B) the company being shut down and C) the debtor not owing anything. Oh and D) your posts being deleted. :roll:
There is no such thing as debt prision. It's a huge waste of time for a police department to serve a warrant on an unpaid debt. They have more productive things to do.
So think before you post a bunch of drivel that isn't even true and against the law.

The comment that Collection Dog and the responses thereafter are not consistent with this thread. Can we move it to the appropriate forum? Thx.

no one has responded to my VOD letter need some opinions.
I got a ray of light funny how I just was looking trew the forums and found some one asking about calvary so of course had to see what it was about since they are the ones that have went after me (i mean my dad) and funny that the addy someone was asking for is the same addy that that is listed for the attorney for me to respond back to him?????? any insight I have reposted what I found

Hi guest! I did a search and this is what I came up with. I noticed during my search, they are also known as 'calvary portfolio', they are the same as Calvary investments.

Cavalry Portfolio Services, LLC **
4050 Cotton Ctr Blvd
Phoenix, Arizona 85040
Phone: (602) 667-0128
Fax: (602) 667-0686

New York Office
7 Skyline Drive
Hawthorne, New York 10532
Phone: (914) 347-3440
Toll Free: (800) 724-1757
Fax: (914) 347-1973

Tulsa Office
9522 E 47th Place
Ste H
Tulsa, OK 74145
Phone: (918) 665-5600
Toll Free: (800) 429-0535
Fax: (918) 665-5656

Saint Paul Office
408 Saint Peter St., Ste 210
Saint Paul, MN 55102-1187
Phone: (651) 287-2980
Toll Free: (800) 322-3323
Fax: (651) 287-2877

Be careful, from what I've read, these are some of the worst collection agencies to deal with, from extortion to blackmail to pretending to be an IRS agent. so keep a close watch on your credit report as well. hope this info has helped you. shirley

I understand why you are afraid - and you were probably embarrassed and didn't want you dad to know. Before it got to this point he might have been able to help salvage this - I hate seeing cars get repoed....

The collection company youre dealing with is a big one... ask to talk to the compliance officer and tell them what the collector told you (the legal threats). If you have described your financial situation to the collector and they are still refusing to accept your offer ask the collector to present some options. Chances are the collector will push you towards borrowing from your father - knowing that your father might be motivated out of necessity since he co-signed. If there is any way that you and your father can come up with a lump sum to pay this off get you father to negotiate a payoff amount of about 35-40 percent ---- this is being optimistic but it might be possible. Especially if you present the option on the last couple days of the month when collectors and collection companies are trying to meet their monthly projections.

If you are not comfortable negotiating (most folks arent very good at it) get someone to help you that is - like someone that sells used cars. And if you cant come up with a lump sum, offer payments. And offer half of what you can really afford because if you tell the collector that you can honestly afford $200, he'll assume you can really afford $300.

Hope this gives you something to work with.

A couple things.... trying to track down who really owns your account is confusing. Debt is a commodity that is bought and sold like soybeans. Often the entity that purchased the account may never "work" the account... they might "outsource" it. What does this mean to you? If the company you are dealing with does not own the account, they cannot pursue legal means to collect on it. But they can send it back to the owner with the recommendation to sue. Other things also come into play -- does the collection agency have an in-house legal department? Does the collection agency retain legal counsel in the state where you presently live? I hope this makes sense. And remember, the statute of limitations differs from state to state --- as little as three years and as many as fifteen.

??
Oh! I see :(
But it seems that you have already got some very good suggestions form the other members, especially form debtcollector :D Hope, these will help you to resolve your issue soon.
Regarding the DV letter, you can try out the sample letters available with this community. Keep us updated on how it went. Best of luck!! :D