Can a creditor sue me after I am in debt reduction program

anonymous in MD

They have made contact with someone in your family asking for you to contact them back regarding a legal matter. You stated they called several times looking for you. So they have left messages for you. Did you make any attempt to contact them. Even though you don't live with your daughter, they have it documented that they left messages asking for your call back.

They may have been trying to mail you a letter, and either its coming back (and thats why they're calling your daughter). Or it's going somewhere, and the receiving person isn't sending it back as "no such person lives here".

They can go ahead and attempt to get a garnishment from a judge without you being present. If the judgement is granted and you want to fight this, you'll have to provide proof that were never given any notification.

In the mean time you can contact the creditor to find out what this is regarding. You could even mail them a cease and desist letter. In this letter will also be a request for validation of the debt they are trying to collect on.

A template of the letter you can send is below

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Your Name
100 First Street
Anytown, USA 12345

Collection Agency
500 This Street
Somewhere, USA 54321

Date: Thursday, October 06, 2005

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002. Be advised that this is not a refusal to pay, but a
notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is
requested.

This is NOT a request for ???verification??? or proof of my mailing address,
but a request for VALIDATION made pursuant to the above named Title and
Section. I respectfully request that your offices provide me with
competent evidence that I have any legal obligation to pay you.


Please provide me with the following:

• What the money you say I owe is for;
  
• Explain and show me how you calculated what you say I owe;
  
• Provide me with copies of any papers that show I agreed to pay what you
  say I owe;
  
• Provide a verification or copy of any judgment if applicable;
  
• Identify the original creditor;
  
• Prove the Statute of Limitations has not expired on this account
  
• Show me that you are licensed to collect in my state
  
• Provide me with your license numbers and Registered Agent
  
  At this time I will also inform you that if your offices have reported
  ivalidated information to any of the 3 major Credit Bureau's (Equifax,
  Experian or TransUnion) this action might constitute fraud under both
  Federal and State Laws. Due to this fact, if any negative mark is found
  on any of my credit reports by your company or the company that you
  represent I will not hesitate in bringing legal action against you for
  the following:
  
  
• Violation of the Fair Credit Reporting Act
  
• Violation of the Fair Debt Collection Practices Act
  
• Defamation of Character
  
• If your offices are able to provide the proper documentation as
  requested in the following Declaration, I will require at least 30 days
  to investigate this information and during such time all collection
  activity must cease and desist.

Also during this validation period, if any action is taken which could
be considered detrimental to any of my credit reports, I will consult
with my legal counsel for suit. This includes any listing any
information to a credit reporting repository that could be inaccurate or
invalidated or verifying an account as accurate when in fact there is no
provided proof that it is.

If your offices fail to respond to this validation request within 30
days from the date of your receipt, all references to this account must
be deleted and completely removed from my credit file and a copy of such
deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be
made by your offices to my home or to my place of employment. If your
offices attempt telephone communication with me, including but not
limited to computer generated calls and calls or correspondence sent to
or with any third parties, it will be considered harassment and I will
have no choice but to file suit. All future communications with me MUST
be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order
before I am forced to take legal action. This is an attempt to correct
your records, any information obtained shall be used for that purpose.

Best Regards,


Your Name


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I hope this information helps.

Regards-
Mike