i didn't request validation first 30 -what r my rights now??
Date: Fri, 08/22/2008 09:14
help me, please!!!!!!!!
MANY QUESTIONS HERE, COMPLICATED FOR EXPERTS ONLY!!!!!
i have a LOT of debt i have ignored. it all adds up to about $6000 original with the original creditor but the collector's have added on monstrous penalties and interest, and the debts have been increased 40% higher to doubled in some cases.
i am 100% judgment proof and I havenÃ¢â‚¬â„¢t needed to file taxes in 6 years, nor do I have a job where my salary can be garnished. I am self employed, live with a friend and keep only a nominal amount of money. I keep about $200 in a checking acct. so collectors will get nowhere getting money from me. So please donÃ¢â‚¬â„¢t judge me, there are reasons for this that are highly personal.
I also have a brilliant, ivy-league federal court bankruptcy atty (one of new yorkÃ¢â‚¬â„¢s very best) best friend who is a very smart & tough cookie who can negotiate herself out of a hostage situation. She is willing to negotiate down all of my debt, sheÃ¢â‚¬â„¢s done it before and sheÃ¢â‚¬â„¢s good. She is not going to charge me as she despises debt collectors.
Until recently, I have ignored all this debt. I didnÃ¢â‚¬â„¢t know my rights and was avoiding all debt collector calls Ã¢â‚¬â€œ thatÃ¢â‚¬â„¢s what Suzie Orman and other sage advisors said to do if you donÃ¢â‚¬â„¢t have the money. I have a lot of mail from various collectors, lawyers, etc. I also have two judgments against me because I didnÃ¢â‚¬â„¢t go to court to fight anything. Can I get these judgments vacated now because I demand debt validation or I didnÃ¢â‚¬â„¢t get the debt validated by them??
So, regarding these collectors who have been sending me mail for months to a year or two, do I now have the right to cite the law regarding the fact that I am requesting debt validation??? If I am out of the 30 days from first letter by a long time, what are my rights??? Can I still cite this law and order them to cease collection, reporting to credit reporting agencies, calling me, filing court documents, etc???
Also is there any possibility to go back to the original creditor to try to resolve the debt with them??
Should I write my own debt validation request NOW and ask for debt validation and threaten the debt collector with legal action if they continue to try to collect without providing me with the proof I seek?? OR should I ask this brilliant lawyer to do it???
Should I lie and say I sent a debt validation letter within the first 30 days (I can produce a back-dated letter that I never sent out) and attach it and Ã¢â‚¬Å“proofÃ¢â‚¬Â that I requested this information. (I did ask my debt collectors on the phone, in the few conversations that I had with them, to prove to me that I owed this amount, and most of them told me that they didnÃ¢â‚¬â„¢t have to prove anything and that they knew that I knew that I really owed the debt and that they would freeze my assets if I didnÃ¢â‚¬â„¢t pay in full). I have no qualms about lying to a debt collector, since I believe them to be sleazy liars and so does everyone else.
Should I ask my lawyer to write them a letter requesting debt validation now or cease and desist all collection efforts OR should I write it myself??
Do debt collectors ever wilt and go away because they are unable to accurately and satisfactorily validate these debts??
The attorney and debt collector have been sued in court many many times in new york city for violating the credit laws yet I do not know the outcome of such hearings.
I need a lot of information here so please answer all my questions. There are a LOT of people in my situation so the advice would be helping thousands of people.
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