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Blitt and Gaines, PC . Can They Really Sue Me?

Submitted by M Hall on Mon, 09/17/2018 - 11:19
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Hello. I'll try to organize this so that the situation makes sense

The first question/situation is in regard to credit card debit I defaulted on in 2016. The original debt company was citibank, but eventually they sold the debt to a Portfolio Recovery Assets (?), LLC. After doing my research I typically send a debt verification letter to the collection agency with legal wording, which at that point they eventually back off and leave me alone until they sell the debt to another company. Based on research I've done and by talking to other people, I was informed that once a debt is sold to a secondary creditor that the debt will not hold up in court because there is not an original contract between myself and the 2nd company. Question #1 Is this true or false?

The 2nd question/situation is in addition to above. ~ PRA, LLC had this Law firm called Blitt and Gaines, PC send me a letter in regard to the debt. I sent my typical Debt Validation letter to this place and received some printed out old statements from Citibank. I have received letters from debt collectors in response to my letter, but usually the 'tone' and the saying, "this is not an attempt to collect a debt." are worded in the letter. In this particular case, the wording did not change and they still used the phrase, "this is an attempt to collect the debt." After doing more research I found they are a legit Law Firm (which I have been contacted by 'fake' law firms in the past which were just collection agencies lying about their credentials). Question #2 Can they actually sue me? or are they all teeth and no bite since the company they represent purchased the debt?

Any help is appreciated!

Thanks!


See, a debt is a debt, you are liable to pay it off even after it has sold twice or thrice. If the debt has expired (SOL is over), then you can ignore them. But if the SOl is not over, you should ask for the validation of the debt. Once they validate the debt and mention your original creditor, you are liable to pay the debt off.

So, in the second situation, I think you should pay off the debt since they have already validated your debt. Talk to them for a settlement. Try to settle the debt in a lump sum. Also, keep all the settlement agreement and letter with you to avoid the future mess.


Submitted by Sanders Patricia on Thu, 09/20/2018 - 06:16

Sanders Patricia

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For your first question, they can file a lawsuit. but they first make collection attempts to get money. But, they should reply to your debt verification letter stating that they now owe the debt and stating the name of the original creditor.
In reply to your second question, a debt collection company can purchase the debt from your original creditor. Now, they are contacting you to collect the debt.
I would suggest read the letter carefully, If required, talk to a lawyer and he/she can guide you through.


Submitted by Ryan Miller on Wed, 09/19/2018 - 03:24

Ryan Miller

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What state are you in? Need to check the SOL period in your state.

My suggestion: Settle the debt out of court since that will help you avoid legal hassles. Okay. The debt is valid. So you shouldn't try to avoid it.


Submitted by David Martin on Thu, 09/20/2018 - 00:31

David Martin

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