Expecting a summons...what happens?

[Anonymous]

Okay, now we're gonna get all ugly here.

What state are you in? How much interest can be charged varies by state.
What kind of account is it?
And did you sign ANY paperwork for the debt, accepting responsibility (if a medical bill, the admittance paperwork; if a CC, the Issuer Agreement, etc)? If so, do you remember what it said?

We'll get this sorted out, Darlin'. Don't you worry.

FTR, though, most CAs won't sue unless they HAVE to. Even if you're not out of SoL, judges are unpredictable. And taking your behind to court costs THEM money. And unless you owe a gazillion dollars (okay, that's being unrealistic -- I think it's more common for CAs to sue on debts over $2K) ... chances are, it's an empty threat.

[Anonymous]

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@Anonymous wrote:
Okay, now we're gonna get all ugly here.

What state are you in? How much interest can be charged varies by state.
What kind of account is it?
And did you sign ANY paperwork for the debt, accepting responsibility (if a medical bill, the admittance paperwork; if a CC, the Issuer Agreement, etc)? If so, do you remember what it said?

We'll get this sorted out, Darlin'. Don't you worry.

FTR, though, most CAs won't sue unless they HAVE to. Even if you're not out of SoL, judges are unpredictable. And taking your behind to court costs THEM money. And unless you owe a gazillion dollars (okay, that's being unrealistic -- I think it's more common for CAs to sue on debts over $2K) ... chances are, it's an empty threat.

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I am in KS...collection lawyer in Colorado...It is a charged off checking account...the bank charged off what I owed in march and sold the account to a collection agency. I don't know what you sign when you get a checking account.....I have NEVER received anything regarding this....nothing from a collection firm....nothing in writing from this lawyer office...I have asked for something in writing and they won't give it...they are so mean on the phone that I won't pick it up anymore....I was first told of this debt when I answered the phone a couple of weeks ago. I don't understand why the wouldn't want to send me something in writing regarding a payment agreement we agreed to over the phone...and why they don't want cashier checks.

[Anonymous]

Okay, first of all, your SoL is 5 years. Are you SURE you're not out of SoL???

Second of all, send them a frigging DV!! Make them, as per the FDCPA, send you something in writing stating what you owe, who you owe, and PROOF that you owe it.

Hold it a sec and I'll be back with a good DV letter you can modify!!!

[Anonymous]

Here's a good DV letter. Change the obvious to suit your needs!

Your Name
123 Your Street Address
Your City, ST 01234

Nasty CA
Address
City, State, ZIP
Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on ______ __, 20__. Be advised that this is not a refusal to pay, but 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 VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. 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 USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Name (typed)

At the very least, this letter will give you time to save up to pay the *bleeping* bastiges off.

[Anonymous]

Yeah I am sure it is still within SOL. I am going to send them a DV but I have read alot of posts on the internet that this lawyer sends out a summons as soon as you ask for a DV....so I want to hold off a couple of weeks if I can because I need to try to work some overtime to try to have enough to pay it off if I do get a summons. I am so worried about a judgement and I have so many money issues going on this month.

[Anonymous]

Thats a good letter....I will use that for sure....

[Anonymous]

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@Anonymous wrote:
...It is a charged off checking account...the bank charged off what I owed in march and sold the account to a collection agency.

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I just had a mental image of the robot from "Lost in Space."

DANGER DANGER DANGER

The reason I'm alarmed is because the FDCPA may not apply here. The definition of debt in the FDCPA is more specific than the everyday definition of the same word. I know of two specific cases where the "debt" that was being collected was judged by the courts to not be a "debt" under the FDCPA. One involved library fines and one involved parking tickets.

The fact that this collection did not originate as a loan or credit-card transaction MAY mean that you don't have the protections of the FDCPA.

[Anonymous]

It may not be a "debt" per se, but the FDCPA does apply here since the lawyer in question is a "third party" seeking to make a collection. That would apply even if the "debt" in question were a bad check.

(IF it were a bad check, the only arena it would not be considered merely a "bad debt" would be if the first party/victim tried to collect. Then it would be purely a civil matter with pursuit under the State's Atty's office.)

Also, the FDCPA wouldn't apply if the "collector" were the original creditor.

But in this case, it should, since the "debt" was indeed sold to a third party.

I forgot to add: parking tickets and library fines, or any government owed debt, AFAIK, would not apply under the FDCPA because, simply put, they're government debts and fall under different laws and guidelines. Also, the government, AFAIK, does NOT sell "debts" ... they merely assign them.

Even were this a CU that she was dealing with, and they sold the debt, the FDCPA would still apply.

Message Edited by Wonderin on 07-03-2008 01:16 PM