Being sued for a thousand bucks!
Date: Thu, 08/19/2010 - 12:20
They also said they are not obligated to give me any proof of this alleged loan. It's either pay blind or show up in court and be presented with the charges there. Is that true?
I am stupid, I admit, and I don't check my credit report b/c it's not even worth it right now. I haven't received any letters or anything from this company; but I have 24 hours to decide to either pay up front (which I don't have the funds) or show up in court.
What should I really do? Is what they're telling me legal at all? Why can't I get a copy of this alleged loan?
Send them a DV letter. By law they have to validate or prove th
Send them a DV letter. By law they have to validate or prove the debt. And get a free copy of your credit report.
What is a DV letter? They said because they have tried to conta
What is a DV letter? They said because they have tried to contact me, they are no longer obligated under the law to provide any proof of the loan to me unless I choose to go to court.
Quote:Originally Posted by AnonymousWhat is a DV letter? They sa
Quote:
Originally Posted by Anonymous What is a DV letter? They said because they have tried to contact me, they are no longer obligated under the law to provide any proof of the loan to me unless I choose to go to court. |
In that case tell them to take you to court. Call them on their bluff, these illegal places won't go to court because then they have to show proof of everything to the judge and they won't do it. Tell them to take you to court, heres one way to see if they are legit. Tell them you want a physical address to mail the pymnt via certified mail. If they say they dont have one or that isnt a option they are not legit.
A DV letter is a debt validation letter. By law, if you request
A DV letter is a debt validation letter. By law, if you request one in writing, the CA must send it to you. Who is the original creditor? Maybe someone here knows contact information
DV letter is a debt validation letter. Basically it is your wri
DV letter is a debt validation letter. Basically it is your written request to the collector to verify the validity of the debt in question and to furthermore prove your ownership of the amount in question. The collector then has 30 days to respond to your request, providing you with the necessary documentation. And yes, by law they have to provide you with that information upon receipt of written request within the first 30 days of contact.
At this time, this is my advice to you:
1) Contact the collector and request of them the following
a) Licensed name, address and phone number associated with their business - and research this information carefully
b) If they are an attorney contacting you, have them provide you where they are practicing law out of and provide you with their bar number - reasearch this carefully
If everything checks out - meaning you have actual web results beyond 800notes.com and similar sites, you MIGHT be dealing with a legitimate collector. If the bar number matches the attorney's office contacting you, even better. (Side note, call the attorney's number using information obtained from the bar association's site rather than the number you were provided and verify they are in practice to collect on debt)
2) Send out a debt validation letter.
3) Read up on the FDCPA
www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
You contradict yourself somewhat in your post:
"The loan was for 600.00 and it is now up to 1000.00 and they are saying I have until the end of the month to pay it all or I face litigation charges."
"I haven't received any letters or anything from this company; but I have 24 hours to decide to either pay up front (which I don't have the funds) or show up in court."
Either you or the collector has their wires crossed.
Which is it? 24 hours or until 8/31?
However...
We are getting ahead of ourselves. Did you verify which payday lender you took the loan out with, and furthermore did you verify if the loan was actually legal in the state you resided in? If the loan wasn't legal, you are only responsible for the principal balance - no fees or interest. A loan wouldn't jump from $600 to $1,000 like that.