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CA letter from attorney office...best course of action?

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salsa34
New Contributor

Re: CA letter from attorney office...best course of action?

well, that is what I think we should do.  Try to settle for a lesser amount.  How do you initiate that though?

 

I am fairly certain, he only obtained credit with the bad SSN once, so once this is handled, we should be in the clear.

Message 11 of 41
Anonymous
Not applicable

Re: CA letter from attorney office...best course of action?


@salsa34 wrote:

well, that is what I think we should do.  Try to settle for a lesser amount.  How do you initiate that though?

 

I am fairly certain, he only obtained credit with the bad SSN once, so once this is handled, we should be in the clear.


You could call them and see if they are willing to work with you.  Remember: Lose lips sink ships -- so be careful what you tell them. 

 

Something like you're not really sure this is your debt, but even if it were finances are very tight now and you're not sure exactly how you could afford to pay such a large amount.  That might nudge them into offering a settlement or terms.  Then negotiate from there. 

Message 12 of 41
Anonymous
Not applicable

Re: CA letter from attorney office...best course of action?

 


@Anonymous wrote:
An attorney retained by the debt owner is under no obligation whatsoever to DV.  If the attorney is smart, when they get the DV from the debtor they will cull the address and have process served. 

 

I'm not an attorney, and I know you are, but the Supreme Court unanimously disagrees with you.

 

Heintz V. Jenkins
http://laws.findlaw.com/us/514/291.html

For these reasons, we agree with the Seventh Circuit that the [Fair Debt Collection Practices] Act applies to attorneys who "regularly" engage in consumer-debt-collection activity, even when that activity consists of litigation. Its judgment is therefore Affirmed.

Message 13 of 41
Anonymous
Not applicable

Re: CA letter from attorney office...best course of action?


@Anonymous wrote:

 


@Anonymous wrote:
An attorney retained by the debt owner is under no obligation whatsoever to DV.  If the attorney is smart, when they get the DV from the debtor they will cull the address and have process served. 

 

I'm not an attorney, and I know you are, but the Supreme Court unanimously disagrees with you.

 

Heintz V. Jenkins
http://laws.findlaw.com/us/514/291.html

For these reasons, we agree with the Seventh Circuit that the [Fair Debt Collection Practices] Act applies to attorneys who "regularly" engage in consumer-debt-collection activity, even when that activity consists of litigation. Its judgment is therefore Affirmed.


The cite you gave applies to an attorney whose main business is the collection of debts.  OP is talking about an attorney that does "mostly personal Injury work" independently retained by a creditor to collect or sue.  Independently retained attorneys do not have to DV.  Those who must DV, as stated by the Supreme Court, are those who regularly collect consumer debts on behalf of a creditor. 

 

It all boils down to whether the attorney who contacted her was independently retained or whether they are in the business of "regularly" collecting debts.   

 

In any event, the last thing the OP needs is for someone to sue her over the debt when doing so can not only result in a judgment against the debtor, but also very likely an orange jumpsuit with corresponding ankle and wrist bling.

 

 

Message 14 of 41
salsa34
New Contributor

Re: CA letter from attorney office...best course of action?

I know them from their personal injury practice, but upon closer inspection of the firm website, it seems that they do a fair amount of collection work for big companies that buy debt that the cc companies charge off.

 

I will request DV first and then try to negotiate.

Message 15 of 41
Anonymous
Not applicable

Re: CA letter from attorney office...best course of action?

salsa34,

 

Who's the law firm? If you prefer PM me the name, and I'll PM back whatever I can find, if anything, about them.

Message 16 of 41
Anonymous
Not applicable

Re: CA letter from attorney office...best course of action?

 


@Anonymous wrote:

 

In any event, the last thing the OP needs is for someone to sue her over the debt when doing so can not only result in a judgment against the debtor, but also very likely an orange jumpsuit with corresponding ankle and wrist bling.


Umm, we don't have debtor's prisons anymore.

 

Message 17 of 41
GordonShumway
Regular Contributor

Re: CA letter from attorney office...best course of action?

OP mentioned DH may not had a ligally optained SSN when he got the alledge credit.

Further more, O6 is refering that since OP DH, is an immigrant, having done so may put him, OP DH, in a posiiton where it's legally proven that DH falsified documents and reported wrong infomration to USCIS in optaining his current immigratiion status, hense O6 mentioned correctly the orange jump suit.

 

Message 18 of 41
mauve
Valued Contributor

Re: CA letter from attorney office...best course of action?

Or, say, identity theft.


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Message 19 of 41
Anonymous
Not applicable

Re: CA letter from attorney office...best course of action?


@Anonymous wrote:

 


@Anonymous wrote:

 

In any event, the last thing the OP needs is for someone to sue her over the debt when doing so can not only result in a judgment against the debtor, but also very likely an orange jumpsuit with corresponding ankle and wrist bling.


Umm, we don't have debtor's prisons anymore.

 


Ummmm ... there is still prison for:

 

1.  Fraudulent use of a SSN;

2.  Mail / wire fraud;

3.  ID theft;

4.  Perjury (in conjunction with a USCIS application);

5.  Run-of-the-mill theft by deception;

6.  Possibly interstate transportation of stolen goods.

 

While someone with an otherwise clean record might see no jail time, that does not stop ICE & deportation / removal procedures for green card holders. 

 

When you've committed a felony (or several felonies) the absolutely stupidest thing you could do is start to annoy the person you victimized with mindless drivel like DV or SOL claims. 

Message 20 of 41
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