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Resurgent Capital Services

Date: Tue, 07/05/2011 - 14:03

Submitted by anonymous
on Tue, 07/05/2011 - 14:03

Posts: 202330 Credits: [Donate]

Total Replies: 5


I have been contacted by Wright & Lerch to collect on an old account from Citibank now in the hands of Resurgent Capital Services. I sent them a generic debt validation letter, certified, signature required, return receipt to which I have yet to hear back on. Then today received a letter in which they are threatening to sue if I don't cough up 60% of a $6K + outstanding amount that they claim I owe. The statute of limitations in Indiana is 6 years. This account is not even on my credit report so I don't even know the date of last activity. This is complicated because we were in a Chapter 13 bankruptcy in 2005 which we tried to convert to a Chapter 7 after my husband lost his job (01/2007) and it was denied by the bankruptcy judge. So the debts were never formally discharged by courts even though the creditors did receive some compensation but after we lost 2/3 of our income we could not keep paying $1k/month which was more than 1/2 of my total income per month. Now he is working and I am not and that further complicates matters. I believe the statute of limitations to collect is up, the last activity I personally made on the account was at least 10 years ago. How do I find out for sure whether the statute of limitations is up? Who do I contact on this matter to know exactly where I stand? I am sick of these bottom feeders. My husband got sued by one last year and it went to court and he lost because the collection agency kept sending everything to our street address in a different town, so we never received anything in regards to it until we got a letter from the court that they were garnishing his wages. I somehow think that this was illegal as well but the attorney we contacted said I would cost us just as much to fight it as it was to just pay it.


Did you complete the chapter 13 or was it dismissed? If you did not complete it or convert, it was not discharged and you would still owe the debt.

When was the date of last pay from the bankruptcy? Did you make any payments after that? If payments were made until you hubby lost his job in 01/07, this would still be well within the Indiana 6 year SOL.

HOWEVER.....

You may have a major FDCPA violation....you DV'd them. If their letter was dated AFTER they signed for the letter, they violated the FDCPA by not validating the debt and continuing collection activity. Save the letter and the envelope...you need the postmark! Wait for the green card to come back.


lrhall41

Submitted by SOAPLADY on Tue, 07/05/2011 - 14:26

( Posts: 17315 | Credits: )


Debt was not discharged and the bankruptcy judge refused to convert to a Ch 7. I think that the attorney we had at the time didn't really do her job as well as she could. I pulled the original paperwork from the case and Citibank never did respond when it was filed in the first place. The amount I had listed from them at the time was $3K+ now over $6K with fees & interest. I guess I probably need to contact an attorney, but the last 2 have been less than helpful. I will hold the letter and envelope and I have the green card from the post office from the first week of June and a copy of DV letter I sent. Thanks for the info!


lrhall41

Submitted by anonymous on Tue, 07/05/2011 - 14:48

( Posts: 202330 | Credits: )


I just pulled my credit report last week and there is no information on it regarding this Citibank account so how do I determine exactly when the statute of limitations is up on this account? Do I contact Citibank to determine the status or the Ch 13 trustee office or who? I do have a Capital One account on there and under the remarks it states "bankruptcy dismissed". That was only for a few hundred dollars and I am assuming that means they received their payment from the Ch13 trustee. This is on both the Transunion and equifax reports that I pulled. Also I pulled Ch 13 paperwork and Citibank never filed a claim even though I claimed to owe them $3K in the original filing. I am not trying to get out of paying but right now I can't afford it. Also I feel that Citibank had their chance to get all or part of their money back in 2005 but they chose not to respond to the Ch 13 office. Now they sell it off to some sleazy collector who has chosen to double the original amount with fees and interest. In my opinion the statute should be up when they had the chance to file a claim and chose not to.
BTW I keep trying to register as a user but I am getting an error message when I do


lrhall41

Submitted by anonymous on Tue, 07/05/2011 - 15:20

( Posts: 202330 | Credits: )


Sue them under the FDCPA immediately, sue the creditor, the attorney, his law firm and the general partner for $1,000 each in fed court. There are groups of consumers doing this and the forms to file are already written, you will just need to add in your facts, they will stop the collection, fix your credit IF they are on your file, and send you a settlement check.


lrhall41

Submitted by anonymous on Tue, 07/05/2011 - 18:00

( Posts: 202330 | Credits: )