Lawyers letter

Anonymous · ‎10-13-2008

I'm going to try to keep this brief. About 6 months ago I DV'd a collections account on my report that I honestly had no clue what it was. They responded with half of what I asked for, but it was enough to recognize what it was; however, I did not agree on the amount. So I sent another letter asking for more information on what I was being charged for. The collection company removed the debt from my credit report and I never heard from them again...so I thought it was over....until Saturday morning. I received in the mail a letter from a lawyers company saying that they have been retained by the Collections company to collect this debt and that I had 7 days to pay/respond or a lawsuit will be filed against me? The letter does say that I can dispute, but that they had the right to proceed with the lawsuit? UGH!

So what would my next step be? Do I DV the lawyer...and can I even do that? Will I get a judgment put on my report while I'm trying to clear this up? I'm not denying the debt, but I know that the amount is totally wrong! HELP!

Anonymous · ‎10-13-2008

Bump...anyone? I'm really confused on what to do?

Anonymous · ‎10-13-2008

There is not nearly enough information to determine what's going on, what's legit and what's not.

For more advise, you should share more details about what type of debt this is, date of last activity and date of default, state you reside in and, if you know it, whether this is within SOL or not.

If they provided you with OC name, address and amount owed - they have technically satisfied requirements for validation of the debt. Can they file a lawsuit after DV? sure they can.

Even if it is a new Collector, they would be required to be validated, but they could still file against you.

It would appear that rather than giving you extra info as of how the charges originated, they dropped off the credit report. It's not clear if the lawyers are acting for the same old collector or a new one. The Lawyers letter might be legit, it might be a fake or it might well be illegal if they have no ground or no intention to file.

I would search the Internet to verify if these lawyers are legit, and consider retaining a proper attorney for proper counsel - http://www.naca.net is a good place to start.

Anonymous · ‎10-13-2008

What is the debt for? Is the OC reporting? what is the DOFD? What is your SOL?

Yes you can DV an attorney usually these lawyers work for CAs and do so as a normal part of their business and are traeted as a CA!!!

Anonymous · ‎10-13-2008

The debt was for a trumpet that my son tried for a week at his school, but decided that he did not want to continue so he returned. The CA did sent me a copy of the agreement (very hard to read, but that's how I managed to figure out what it was for). The amount is $562.45. This was for a monthly agreement and he had returned it within a week...week in a half tops. So that's why I do not agree with the amount owed. I've never receive any type of collection letter or anything from the original company or the CA regarding this. I had no idea until I pulled my credit report about 7 months ago. They said the "service date" was: 9/07/04 and the date placed for collection was 8/8/05? I live in Indiana so yes, it is still within the SOL. And yes, I checked to verify that the lawyer is legit.

So are you saying that just because they told me the amount owed....they've technically satisfied the validation requirements. So they can charge me whatever they want and I need to pay this?

Anonymous · ‎10-13-2008

I know that it has been 4 years but do you have a receipt that it was returned??

Contact the OC and have them check their records or the school. You need that receipt!

Anonymous · ‎10-13-2008

I'm not sure if they're charging me because they say that it hasn't been returned or if they're still charging me a monthly fee...or what? That's why I asked them (DV) to provide me with what the charges are for, but I have yet been told?

Anonymous · ‎10-13-2008

Technically, Debt Validation requires the CA to provide only OC name and address, and amount owed.

here is what i would do:

1. dispute the nature and amount of debt with CA: ask the CA to 'kindly" provide an itemized bill explaining how the charges accrued

2. try to contact the OC and understand with them if it is possible to solve the problem with the OC

3. search for any receipts indicating the item had been returned, including going to the shop or asking the OC for a copy of such receipt

Anonymous · ‎10-13-2008

Can I still contact the original creditor even though its been passed to a CA and now an attorney? Also, the lawyer said that he was going to file a lawsuit if I don't pay within 7 days? So I really don't have time to contact the original now? It's like they have me cornered...you know?

Junejer · ‎10-13-2008

demed wrote:

Technically, Debt Validation requires the CA to provide only OC name and address, and amount owed.

here is what i would do:
1. dispute the nature and amount of debt with CA: ask the CA to 'kindly" provide an itemized bill explaining how the charges accrued

2. try to contact the OC and understand with them if it is possible to solve the problem with the OC

3. search for any receipts indicating the item had been returned, including going to the shop or asking the OC for a copy of such receipt

Personally, demed's number 3 would be my number 1, followed by his 2 and 1. Whatever order you do them in, just please do them.