Nasty collection efforts
Date: Tue, 04/13/2010 - 12:03
If the customer service person you spoke to has started the lega
If the customer service person you spoke to has started the legal process, then it has started. This usually means that for right now, they've begun to contact their lawyer in your state and depending on when he gets the message and the files on your case, then he/she will begin drafting the complaint to file with the court so while the collection agency may think it has reason to sue now, there will be a delay to get paperwork together. They cannot simply turn over your case to a lawyer because you've threatened legal action. Federal statute governing all the courts in the US say a person suing has to have a good reason for doing so and a threat to sue is not a good enough reason.
My advice would be to use this time to call the collection agency and ask to speak to a manager at the call center, then explain what happened. It may stop the suit or it may not, but it won't if you don't try. Be sure that whenever you talk to someone at the collection agency to write down the time, who you spoke to (first and last name or id number), as well as a summary of what was said so if you talk to them more than once you have a record.
Quote:Originally Posted by AnonymousI am using a similar letter
Quote:
Originally Posted by Anonymous I am using a similar letter to a collection agency that has been extremely nasty with me on the phone. The first call I received from them was a complete shock. The lady asked if I had been contacted regarding a debt with XYZ, and when I said no she told me I was lying. When I said I needed more information on the account she told me that that she was placing my account as "refusal to pay" and would be referred for legal action. I am still within my 30 days to request debt verification. Can they file suit during this time? Or, since I've threatened to file suite can they simply turn my account over to legal counsel and sue me? |
don't know whay OVLG ATTORNEY is talking about.this sounds like a complete bottomfeeder.yes you are in your rights to get a DEBT VALIDATION letter to this collector asap.send it certified mail return receipt.btw what is the name of the collector?everything smacks of bottonfeeder.the "refusal to pay" line is classic bottomfeeder.
