Lawyer Hired By CA

First question to answer is this: did the CA already validate the debt? If not, make them do so. Have you been making payments on this account? To answer your question regarding payments, in a word, no. They don't have to accept payments but if you don't have it to give, they'll have to make a choice. Screw them basing your payment on your income and dependents. It's none of their business!! Not to mention, they can't tell you they are going to proceed with legal action if they can't do so or if they have no intention of doing so. If the debt hasn't been validated, they can't pursue, at least legally.

Please - put yourself at ease. This is a common tactic used by CA's and law firms to scare you. I've been in your shoes and I'm telling you the truth. First thing I'd do is get the attorney's name, address, and telephone number. Find out if this attorney can legally conduct collection activities in your state. If they are listed as a licensed CA or law firm, send this guy a letter asserting your rights under the fdcpa. Include within the correspondence a payment plan and as a sign of good faith, an amount you can afford to pay in the form of a money order. In addition, tell them you will only accept written communication between them and you. Send the letter certified mail with return receipt.

If this attorney wants to pursue legal action against you, let him!!! If that happens, I'll detail how you can combat their action in court.

Yeah good idea, get as much information as you can and put it in your 'arsenal' so you can fight. so many of these agencies use very crude scare tactics. Keep all correspondence that you have. looks like you have someone who's been there for you to go to. good luck and hang in there! having knowledge and paper documents can be the best defense you have should any legal action be taken

I,too, have talked with attorney/collectors. They will tell you any and everything to scare you into paying without knowing if this is your debt, or they are the ones legally able to collect on it.

The other guest was right-get them a debt validation letter sent ASAP-you need to find out if this is your debt, if it's still in the SOL, and if they can collect,etc.

What ever you do--do not give them any personal info, or bank info!!

The other guest was right on with their answer to you-document everything- including making notes on conversations you have.

Good luck-let us know what happens..karen :D

Bronson & Migliaccio LLP is the law firm and they are here in Buffalo. There is a lot on the web about them and their aggressive collections procedures. As far as I know they can file a judgement in NYS. What is considered validating the debt. They did send a letter to the house attempting to collect the debt and I did speak to "senior executive" last night.

Guest- here is a sample letter for a debt validation at http://www.debtconsolidationcare.com/forums/about216.html you can put your own info there, and tweak it to fit your needs.

Anyone can file suit, it doesn't mean they have anything to back it up with. However, if you are served papers, respond in the time limit they give you.

Get the DV letter out, certified, return receipt today, and keep a copy!..karen

I can't thank you enough for your help. Can I still send dv letter? I know I received their first letter in the beginning of september so that was more than 30 days ago?

They don't have to accept payment arrangements, however if you mail them money they either have to send it back to you or post it to the account.

And yes, you can still DV them.

You may also be interested in this knowledge: Bronson & Migliaccio LLP is a Collect America Franchise in with the same lot as CACH LLC, and many other Collect America DBAs. From my own experience with them as well as what I have read on this forum they tend to be very crooked.