Lawsuit threatened
Date: Fri, 12/19/2008 - 17:10
I never sent a debt validation in the 30 day period. Second letter says they have recommended filing suit and are awaiting authorization.
The third letter said they have authorization to file suit and that if i didn't contact them in 10 days, they would sue me. I called and spoke to the attorney and asked him what it was for. He told me the date of last payment was 2002 so I played dumb and said I didn't know what he was talking about. I told him I wanted validation he said it's too late and he was filing suit on me the next day.
I sent a debt validation letter the next day and it's been 6 months and I have not heard a peep. They put it on my credit report, I disputed it and it was removed 4 days later.
Do you think I should sue him for fdcpa Violations? There are probably more but this is just a few, The SOL has expired on this debt.
Representing the communication was from an attorney when it wasn't.
threatening to take my car, property assets and garnish my wages.
The threat to take any action that cannot legally be taken or that is not intended to be taken.
The false representation or implication that a debt collector operates or is employed by a consumer reporting agency. He said in the letter he will send my information to some company, I can't remember the name off hand but I have it in my files. I looked for that company and it doesn't exist.
What would you do? I know I have to send a 30 day demand letter and if they fail to respond with the $1,000 payment I can then file it in court for treble damages.
If you have enough time to go after them then don't waste time t
If you have enough time to go after them then don't waste time to do that.
Ok all the letters are on an attorney letterhead, First one has
Ok all the letters are on an attorney letterhead, First one has the 30 day disclosure but on the bottom says "Please give this matter your immediate attention and do not underestimate the seriousness of this matter"
It is a computer generated signature but the signature is not one of an attorney. Demand for immediate payment is hereby made.
The second letter, same thing not signed by an attorney, same computer generated signature of a debt collector. the letter states:
If you have a letter that says they will sue you but they did no
If you have a letter that says they will sue you but they did not, then that is a violation. Make sure it is clear on the letter.
I wouldn't know anything about the attorney thing because it's possible that you spoke to one or one who worked for one. Doubt it, but it's possible.
The seconds letter is full of "if's". If's do not necessarily mean it will happen but that it is a possibility that was reccomended not that they are in the process of filing the paers for it to be done.
Bad debt can stay on your credit report for up to 7 years. "Up to" doesn't mean 7 years definatly. It means anywhere from 0-7 years.
I do not have any legal degrees or anything but you might want to consider calling your legal aide department in reguards to the phone conversations and letters. They may have a different and more valid answer for you because I can only really give my opinion.
I see what your saying, it is not worth it. But I will hold on t
I see what your saying, it is not worth it. But I will hold on to the letters in case they decide to sue later. Most likely they sold it off or threw it away being it was past the SOL and I didn't owe in the first place.
I canceled a gym membership within the first 3 days of signing up as allowed by my state law.
6 years later this guy comes along, I went to the gym 2 times and it was filthy and disgusting. Unorganized and no privacy in the bathrooms/showers. I more than paid for the 2 times I went there, over $500 they took off my credit card illegally, so they can go screw themselves.