Faloni & La Russo

After receiving the first letter from this agency I sent them a DV letter (certified mail w/ return receipt) and they promptly sent me a letter saying that I have not contacted them, they have been unsuccessful in reaching me, etc, etc.

Should I send them ANOTHER DV letter?

This company sued me and they followed illegal credit collection processes (contacted me by phone after I requested not to be contacted by phone). I had counter sued, and was handling my representation myself. I was unwise at the time and fell for a ploy of their's to make me not show up at court. They told me they were informed the matter settled out of court. It was a long hard road with these inscrupulous people but I settled with them for $20 per month which was what I wanted.

Yes send it again along with a copy of the first one.

Also include a copy of the green card.

Did you use this letter? If not then do...and don't sign it, type your name only.


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 a 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.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
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.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,

Have had experience with this "agency". They are very sneaky and lie frequently. I was told that they received documentation back to garnish my paycheck when I no longer worked at that job AND the company went out of business 6 months prior. Had I still worked at the company I would have believed them.

I called them the first time I received a letter from them to try and make payment arrangements. They never acknowledged this, even though I was sending them some money. Then, they send a letter stating I could settle by a certain date, and before that date even comes, I get a letter stating they want to garnish my wages.

They are unethical scum. They filed a judgment anyway and then tell you you don't have to show up to court, and then the judgment is defaulted in their favor. They are unresponsive to payment arrangement attempts and prefer to drag you through the court system. It's one thing to be aggressive, but they are borderline harassing.

I am still in the process of trying to get this settled. Hopefully I can get this matter settled before I blow my top over them again.

They are unethical scum. They are liars and very harassing. They are the reason lawyers get such a crappy reputation.

Are they willing to work out a settlement arrangement? If so, what kind?

Never work out a settlement with them..I received a call from them on a credit card loan which I never applied for..on my credit report it showed $200 limit, these scumbags called and tried to collect a $1,045. They sued me in court and I won. They file the suit and hope you don't show up that's the only way they win.