MIDLAND

Do not worry about any legal action, he will likely win - at the very worst, a decent repayment plan.

They will either ignore the DV letter, send you a copy of a statement or something, or file a lawsuit.

When did the original debt first default? What state are you in? It may be past SOL which is even better.

Thanks Chrys for your response. We are in GA, the last payment was made in 2006, the debt was charged off in 2007, since that time at least 3 collectors have tried to collect, each time when I send them a DV letter they go away, but sell the debt to someone else. I am considering filing BK for him, but there is not a NACA attorney locally. The nearest NACA attorney is in Decatur GA which is near Atlanta and according to news reports, he has his hands full handling mortgage cases.

Hmmmmm.. Very interesting... 3 collectors? That says to me that they do not have proper documentation to prove it is his debt.

If they take him to court, he can get low cost (or even free) legal assistance from Legal Aid, just contact the court to ask them how (IF they take him to court). Actually, you can even get legal aid to help file bankruptcy - watch this informative video on the US Courts website for more information.

Also, if they should be so bold (dare I say stupid) to sue you, you could just file a Motion for Discovery which is a lot more comprehensive than a simple DV. I personally feel bold enough to tell them "bring it on" next time they threaten court (in fact, it is a violation of the FDCPA for them to threaten you with court if they are not actually planning on doing so).