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Help with Weltman, Weinberg and Reis

Date: Thu, 10/30/2008 - 09:06

Submitted by anonymous
on Thu, 10/30/2008 - 09:06

Posts: 202330 Credits: [Donate]

Total Replies: 6


Hi, I just got off the phone with WW&R about a debt with Resurgent Capital LVNV, when she first recieved the letter form LVNV about a month ago she sent a validation request and then revieved a letter saying the were investagating her claim. Now this mornung I get a call from WW&R saying they have been retained to collect the debt however she never got any validation form LVNV. Any advice would be a big help, also the debt is from early 2004 and maybe past the SOL. I' ve been told the sol in Floriad is 4 years but I've also been told 5 does anyoune know for sure.


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]


lrhall41

Submitted by NASCAR_Devil on Thu, 10/30/2008 - 10:32

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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


lrhall41

Submitted by on Thu, 10/30/2008 - 12:16

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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.


lrhall41

Submitted by NASCAR_Devil on Thu, 10/30/2008 - 12:50

( Posts: 4671 | Credits: )