R&R advice
Date: Wed, 02/18/2009 - 19:47
looking for some advice. i have an old capital one balance of @5.5k that is being serviced by rubin and rothman. i received a summons from them today as a first correspondence, but after calling the county clerk, was informed they have no notices/summons against me in name nor in the number stamped on the form/summons. should i call them and inform them that i know that they've violated the federal fair debt collection act and hope they drop the claim? i called them today and they are not offering much leeway in terms of a settlement or payment plan. thanks in advance.
r&r advice
I would send them a debt validation letter to find out if they even have the paperwork or the right to even collect on your old debt. I would also include in that letter that you are aware they have violated FDCPA rules and are consulting your attorney about it. If they do not have the original contract signed by you they have no business even contacting you. I definitely would not try to make any deals with them or give them any information until you are sure they can even collect on this debt!
r&r advice
I thought about this a little more and wanted to add a few more things. When you send your debt validation letter be sure to make copies of it for yourself. Send your letter certified mail / return receipt and also make a copy of the return receipt paper before the postmaster tears it in half and sends it. Put it all in one folder and keep it safe in case you do have to go to court over the debt, or to sue them over a violation. When you checked with the county and they had no record of the so called summons, note the person you spoke with, the time, and date. I can't stress enough how important it is to take notes on every dealing you have with this matter. Once again do not give them any information, make any deals, or give them any money, even if they want to cut you a great deal tomorrow! Make them validate the debt first and prove they can even collect on this debt!
r&r advice
Iwas reading this post and thought this may be helpful to you.
http://www.debtconsolidationcare.com/collection-agencies/about41943.html#318981
It is a good example of a debt validation letter.
thanks all. turns out the summons was real and the court was a d
thanks all. turns out the summons was real and the court was a day behind. they are willing to take 4700 in 2 payments but not a penny less. i only have 20 days to respond so i'm not sure what to do.
well, turns out it is real. court was behind a day when i called
well, turns out it is real. court was behind a day when i called. they (r&R) said they would take 4750 in 2 payments and not a penny less. what to do?
if i make the two payments and get something in writing from the
if i make the two payments and get something in writing from them, do i still need to file an answer?
Yes, and appear in court or they will get a default judgement ag
Yes, and appear in court or they will get a default judgement against you.
If you know that you owe the debt and you appear court, what do
If you know that you owe the debt and you appear court, what do you say to the judge? Do you dispute it? I have to appear on Feb 24th and am not sure what to do.