Ok, completely new to all of this so bear with me.
Date: Wed, 05/11/2011 - 13:20
I have a Discover card that according to my credit report, was charged off 3/2010. I received a letter in the mail from Smith Debnam Narron Dreake Saintsing & Myers stating:
"This letter is to let you know that we may file suit against you on this account. We previously notified you that our firm was retained to collect the entire balance of this debt." ($13,000) I don't remember getting anything from them before? Not sure to be honest. The letter goes on to talk about a lawsuit and getting permission to move forward once they have authorization. It goes on to state that I can call to resolve the matter before it goes to litigation.
I called Discover first and they said it was now in the hands of NCO and that they would work out payments if I called. So, I guess my question is, what do I do next? I read about the validation letter. Should I send one to Smith Debnam or to NCO? I did read that Smith Debnam usually does sue. I'd really like to work out something before that happens. I would add that I am out of work and we are living off of my wife's income. We just used everything we had money wise (and borrow from family) to keep our home from being foreclosed on (we were in litigation) just last week. Now this. I don't really know what to do next????
The validation letter should go to both of them, certified mail
The validation letter should go to both of them, certified mail return receipt requested. I would start there.
Smith Debnam
these people are extreamely rude and persistant and pay NO attention to anything except what they are after! these are the most unreasonable people i have ever had the displeasure of speaking with. personally i think they are in league with satan ... but thats my opinion. in there defence ...(and i HATE defending people like this ) my laywer didnt do his job ,,, but to answer your question ...YES they will haul you into court in a second .. without any reguard for you...your situation ..anything! my suggestion is to get a Laywer as NASTY as these people ARE !
Discover
Sounds like you're in a pretty bad financial predicament, with very limited income. So, I'm wondering if you have other delinquent accounts, or just this one Discover account? If it's just the Discover account, bankruptcy would be silly; however, if you have other delinquent accounts out there, you may want to consider filing for bankruptcy. The reason I suggest what many consider to be a last resort, is that if there are other delinquent accounts hanging over your head, I'm sure Discover is not the only creditor who will be suing you. Rather than fighting several lawsuits, you would benefit greatly from a bankruptcy filing.
Assuming that this Discover account is your only account, if you are unable to settle this account you'll probably have to make payment arrangements. If the law firm accepts payment arrangements, though, they will probably request that you agree to a judgment so that if you default on the payment arrangement they'll be able to garnish your wages, go after your bank account, etc.
I haven't worked with this law firm before, but based on what people are saying, you may want to hire someone to represent you. Of course, since your funds are limited, you should try to work with them directly before hiring someone else.
And one final suggestion - yes, request validation of this debt. If nothing else, it will at least stall the process of litigation.
Good luck!
What is the point of validation when discover already verbally c
What is the point of validation when discover already verbally confirmed that they were collecting? This is third party collections and DV'ing after communication with OC can result to immediately litigatgion. Yes, I realize that some will argue that it is your legal right to DV. However, Discover DOES communicate with the agencies, especially when you call in and notes of the conversation. DVing can show you to be a difficult debtor unless you have a legitimate dispute.
Quote:And one final suggestion - yes, request validation of this
Quote:
And one final suggestion - yes, request validation of this debt. If nothing else, it will at least stall the process of litigation. |
Are you kidding me???? DVing can result very quickly in the OPPOSITE. Discover can easily validate...
I couldnt agree more, soaplady.... Under typical circumstances,
I couldnt agree more, soaplady....
Under typical circumstances, if you DV and they respond with a lawsuit, you have them on a violation of the FDCPA. But in this case, what good is a violation thats worth up to $1000 when the OP is in debt for over $13,000 and has limited income? There's no good reason to poke this bear with a sharp stick--if you do something like this, chances are good that they may be less willing to settle or work out something more reasonable with you.
Mariemegge--you need to remember the things you keep telling us that you know about this industry. These collectors are in it for the money--so you tell me, do you think they would risk having to shell out up to $1000 to take someone to court for over $13K? Think about it. Thats really a no-brainer in this industry. Debt collectors have risked as much or more for a far lower possible payout and do so every day.