wolpoff and abrambson: intent to sue

Did you send the validation letter within the 30 day window they give you?

yes, they have been sending me a series of letters since the beginning of this month and i just sent off the letter this weekend. their letter of intent to sue was dated in May 13 and i recieved it today on the 20th.

i plan on calling them tomorrow morning but i would like some advice on what to say. should i agree to anything? is it to late for a debt setteler company tp help me.

If you have sent the validation letter within the 30 day window any and all collections efforts will have to stop until they validate that debt. If they try to sue you or send you letters to attempt collecting, or even if they call you, they are in violation of the fdcpa.

Make sure you keep the envelope the letter came in so you have proof of how long it took for you to receive it. :)

going through my paper work. the last letter they send me was dated april 17 and my validation letter was marked on May 17. will that be within the 20 day window?

Does that letter have the mini Miranda statement on it, giving you thirty days to either deny you owe it, or ask for validation of the debt? What is the date on that one?

no it doesn't; on the april 17th i just list various ways on how i can make a payment.

it does not stay anything on the may 13th letter regarding the 30 days.

This is what I was referring to when I mentioned the 30 day window, the collection letter will say something on it that says you have 30 days to dispute it, or validate it. Did you send that letter certified return receipt? I am just trying to make sure I completely understand exactly how this played out, I don't want to give you the wrong information. :)

thanks Shazzzers for taking the time out and helping. Yes, i sent it certified with a return reciept.

You're welcome, if you have any more questions, please fell free to ask, there are a lot of knowledgeable people here that are always willing to help. :)

so back where i started, will my validation be valid or can i just call them. if i call them will it nul my validation letter?

If you're certain that you sent them a validation letter within the 30 day window, you should be alright, that doesn't mean they won't continue to harass you or even sue you, but if they do, you can have it dismissed in court on the grounds that they continued collection attempts (suing is also a collection attempt) during validation. If it wasn't within the 30 day window, you may want to give them a call and see if you can work out some arrangements. The thing is, even if they do sue you, you can request validation during discovery. I'm not sure if I explained that clearly. :? If not, someone else jump in here please? :)

oh okay. thanks for your time and patience. i remember getting a letter before the april 27 dated letter but i seem to misplaced it.

so i have 30 days even if the 30 days miranda is not included in the letter??

I'm afraid not, you have to respond within the 30 day period, that will probably only appear on one collection letter, the others won't have it. I would try to locate it, and see what the date is on it, whatever the date is on the first letter you received with that statement on it, is when the 30 day window begins. :?

You can request validation any time after you receive notice, not just within the first 30 days. They are limited to what they can do within the first 30 days because of overshadowing laws.

Who is the CA?
What state do you live in?
When was the last payment made on this debt?
What type of debt is it.

the law firm is representing Independance Receivables, asisn first national bank omaha. I life in FL and the last payment made on this debt was made back in 2005.

i am looking through my credt report and it doesn't even appear on it. THe letter says i owe about 5k but there is nothing my report that is 5k or even close to it.

i cant reconize the orginal credit report...what can i do now???

celllular:
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Very true celllular, however, the likelihood of them responding goes down. I should have been more specific about that, thanks for addressing it. Perhaps I should have also went on to explain that when you request validation within that 30 day window, according to the fdcpa, all collection attempts must stop which gives you more ammunition if they should ever decide to sue you. That was kind of what I was trying to get across, but I'm not so sure I was very clear about that. SORRY !!

changetobedebtfree:
Quote:

what happens if i actually contact them. i can not sit steal at work today and i am about to give in a contact them my email or phone in the next couple of hours. any advice on what i need to steer clear of???

it looks like they got my DV letter; i got my return receipt green care in the mail today. it was sign for on the 19th. so should i just wait to see what happens? or i may likely be summons ?

Good morning everyone,

it has been one week since these people received my DV letter and about one week and a half since i receieved their "intent to sue" letter. i have yet to hear anything from them. everytime a car pulls up to my driveway or i hear a car coming down the street, i fear that it is someone coming to give me a summons.

should i continue to wait? contact them? send them another letter??

If they gave you an or else date I would check with your local court to see if they filed and lied about serving you.

there was no date on the letter, it was just informing that they are intending to sue me and if i want to stop the process i should call or email them. i just don't know what to say to them becaus they are not even on my credit report and i don't even know how they derived at 5k. should i call them and start there?

but i due owe a debt to the company that they brought it from. i am not denying that.