Help with Weltman, Weinberg and Reis
Date: Thu, 10/30/2008 - 09:06
What type of debt is this? Credit card? Is it a store or bank
What type of debt is this? Credit card? Is it a store or bank card? Recent case law in FL upholds a 4 year SOL on store cards but bank cards would fall under the 5 year SOL.
This is typical LVNV BS. When you DV'd Resurgent, did you also send a DV to their next door neighbor LVNV? Send a followup DV to WW&R and LVNV and remind them that they have not responded to your initial DV and by passing it off to another CA, they are violating the fdcpa by renewing collection attempts on an unvalidated debt. Do not add a "limited C&D" to your DV's to LVNV. Only state that calls to your employer jeopardize your employment and in big bold letters:
[center:3c5de87eb1]ALL CALLS TO MY HOME AND CELL ARE RECORDED[/center:3c5de87eb1]
Thanks for the info, its a store card. My wife only sent the DV
Thanks for the info, its a store card. My wife only sent the DV to resurgent we did'nt think they could pass it off. So I guess she'll send follow up letters to LVNV and WW&R and remind them that they havent valiatded it yet. If my wife uses the SOL defence how would she go about that by phone or in a letter and what do you mean by "limited c&d". thanks again
You wouldonly need to use SOL as a defense to a lawsuit. It doe
You wouldonly need to use SOL as a defense to a lawsuit. It doesn't mean they can't still attempt to collect, it just means that they have no legal leverage to make you pay.
A "limited C&D" is a request that all communication be in writing. LVNV considers any limitation of contact as a full cease comm.
Read my blog post entitled "NCO collection agency" on how to dea
Read my blog post entitled "NCO collection agency" on how to deal with companies that say they purchased or were assigned a debt. In my experience, most of the time they can not prove that they lawfully purchased the debt - hence, they have no standing to file suit.