Calvary Suit

[Anonymous]

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@Shogun wrote:

If it is paid or settled, there is no SOL anymore.  If there is no lawsuit, and they sent that message, then that is a FDCPA violation.

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I think you misread his first post. The information came from a local attorney soliciting BK services, not from the attorney filing suit.

[haveus33nm3]

Sorry for the late response, I have been sick for the past few days. I appreciate the replies. I called my local courthouse. I live in a rural suburb of Atlanta. There is no online docket search. One of the attorney's that sent me solitication for bankruptcy (i have received over a dozen in the mail this past week) gave me the docket number. Unfortunately, the clerk would not release information to me over the phone. I have to physically go in. I will not be able to take off work until April 2nd. I work for a brokerage firm and tax season is basically a blackout for vacation. 

So, in the meantime, I called Calvary. They said my case was assigned to an attorney Brock and Scott. I haven't received any papers from the court or any mail from this law firm. I researched online and basically they are agressive collections attorneys. I won't file bankruptcy, but I'm frightened about how much they're going to gouge me for now. I don't know how to proceed next other than wait for the 2nd to go to see what the court has on file. I would rather clear up before it makes it to trial. I am a stock broker and can't have this kind of thing on my U4. I'm hoping for a settlement or payment arrangements but not sure at this point how to handle.

[tiger_uppercut]

Not sure what your financial situation is, but I've settled a couple of collections with Cavalry very recently as the SOL is running out on my 4 COs. My original debt was much higher than yours ($2500), but I settled with them for about 50% of the original balance, not the balance they come up with after fees. I would offer $250 and see what the counter is if it comes to that. There has always been wiggle room in my experience, it costs them money to go to court etc. Good luck.

[Shogun]

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@Anonymous wrote:

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@Shogun wrote:

If it is paid or settled, there is no SOL anymore.  If there is no lawsuit, and they sent that message, then that is a FDCPA violation.

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I think you misread his first post. The information came from a local attorney soliciting BK services, not from the attorney filing suit.

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So there must be an attorney that is going through pending court dockets for collections to send letters to for BK?  OK,,, now I get it, but that's a new tactic on me.  Reminds me of the term "Ambulance Chasers".

Thanks for clearing that up NormanFH.

[Anonymous]

Yup, they are a form of ambulance chaser. I myself never considered BK until I was sued for over 5K (medical) and served with garnishment notice. No way I could have paid my bills and still had grocery money left over after 25% of my after tax pay was taken. Pretty much left me no choice. Never got contacted myself though, I had to hunt down my own attorney. I did have the satisfaction of knowing those vultures never got a dime from me.