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Hiring a lawyer will help?

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Anonymous
Not applicable

Hiring a lawyer will help?

Newbie here and don't have experience dealing with CA. A wrong debt is claimed by previous leasing company and I want to DV it. Looked up the Asset acceptance all over the net and it seems these people do not respond to DV very well. They send the one page useless document again and again. My case I need to know what the leasing company is claiming against? Thinking of hiring a lawyer to do this DV and subsequent follow-up. Any advice on this?
Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Hiring a lawyer will help?

You should always know your SOL before starting
  simple SOL
 
If the OC isn't reporting you can still call them & find out if they own the account OR sold it.
 
If sold you must deal with the CA.
 
Is the CA licensed in your state  IF state requires it?
 
If you DV within SOL  they have the right to file suit.
 
DV letter   make all changes where needed   do not sign  just type your name
 
 
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is 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 FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. 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 United States Postal Service.

Best Regards,

Your Name

Of course never sign the DV 
 
Message 2 of 9
granny031350
Established Contributor

Re: Hiring a lawyer will help?

I have  a question about the SOL.  In michigan it is 6 years across the board.  On the credit report it states date of last activity as 6/2002. So it falls off in 6/09 from the CRA.   But does that mean that as of 6/2008 the account could NOT be collected on by a CA or the CO? 


Message Edited by granny031350 on 02-01-2008 08:44 AM
Message 3 of 9
Anonymous
Not applicable

Re: Hiring a lawyer will help?

SOL has nothing to due with CR!!!!!   SOL is set by each state & is used only for a time limit when a creditor can file a lawsuit.
 
CRTP is federal and only deals with the time period that a debt remains on your CR.
 
SOL would start 6/2002 and until 6/30/2008 the creditor can file a lawsuit........CRTP  will drop 6/30/2009
 
If you will be past SOL in July 2008.....I would not touch it untill then. No dispute no DV letter until then.


Message Edited by HappyDays on 02-01-2008 11:22 AM

Message Edited by HappyDays on 02-01-2008 11:25 AM
Message 4 of 9
Anonymous
Not applicable

Re: Hiring a lawyer will help?

Happy Days, thanks. Can you help me on the SOL? The alleged debt they are trying to collect from me is from a leasing company for the apt where I stayed in California and the date is July 2003.  The CR shows that this will come off in 10/2010. What kind of account is this? The link you gave shows Written contracts, Oral contracts, Priomissary notes and Open accounts ( incl credit cards).
 
Now that I have moved to Georgia, which SOL is applicable here, CA or GA?
 
thanks for your advice again.
 
Message 5 of 9
Anonymous
Not applicable

Re: Hiring a lawyer will help?

I would go by Ca. law....this is because that is where the apt. is located.  SOL is 4 years
 
Written & oral are used in busness  usually.
 
If you moved out in 10/2003   that would be your DOLA......if you owed for 11/2003 and didn't pay  them 11/2003 would be your DOFD
 
These dates can not be changed.
 
Going by these dates.......SOL is past 11/1/2007      CRTP   should be around 11/2010.
 
just because you are past SOL does not mean that it will delete from CR before 2010
Message 6 of 9
Anonymous
Not applicable

Re: Hiring a lawyer will help?

Thanks again. I heard that these slimy CA like Asset acceptance file a lawsuit even if it's outside the SOL and hope that you won't turn up for the hearing. If they file the lawsuit will it be in CA or my current residence city?
 
 
Message 7 of 9
Anonymous
Not applicable

Re: Hiring a lawyer will help?

Either - where the contract/agreement was entered into or wher you live.  If past SOL in CA  and GA is longer they will use Georgia. 
Message 8 of 9
Anonymous
Not applicable

Re: Hiring a lawyer will help?

For both CA and GA it's 4 years for open accounts, guess there is no confusion here. One more question..Since mine is a lease agreement for apartment does it consititue as written contract or Open account. In the CR it shows as open account. Just trying to get this sorted out.


Message Edited by k90 on 02-01-2008 03:07 PM
Message 9 of 9
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