How to handle Neuheisel Law Firm

[Anonymous]

We were recentley contacted by Neuheisel Law Firm in Temp Arizona saying that Bank of America sold our account to them.  This is frustrating because we had payment arrangementsnwith BOA in which we paid down a 10,000 balance and only have 1300 left.... in which we were keeping up with....but nothing we can do now about that.  After this law firm calling and harassing us for two weeks...we finally got them to send us something in writing saying they were collecting the debt.  We are not disputing we owe the money...just want to know how to handle this collection place because we can tell they are going to harass us to death.  Should we do a debt verification with them first, and how should we go about it?  Also how do we get them to stop calling us...they harass my husband at work and call us continuously at home.  We live in Texas...can we record their phone calls?  Also we want to send them a letter offering payment arrangements...what is the best  way to do this?  Thanks for any advice in advance! 

[mygoal750]

I had absolutely no luck dealing with the attorney that handled my judgment.  Citibank sued me in 2004 after 9 months of minimal payments, each with a letter explaining my situtation.  No response from them, because i requested all communication in writing.  They turned it over to the attorney, I sent them 4 letters explaining my situation, no response from them, except to sue me.  I was so frustrated by that time I agreed to a payment plan.  I paid it off last August.  they were absolutely terrible to work with.  I hand delivered a cashiers check for the final payment, they told me they would file the satisfaction of judgment with the court the next day.  I needed that to close on the refi of my mortgage.  After 3 weeks of calling them asking for a copy of the filed satisfaction, I always got the response that the court filings were backed up and they didn't have it yet.  so, I called the court recorders office and they had no satisfactions from that attorney's office in over 3 months!  so, I called them and asked if they would sign another satisfaction so I could pick it up and file it myself.  so, I did that and was finally able to close on my refi.  I work with attorneys every day, and have never been treated as rudely by any creditor as I was by them.  I would definitely request a debt validation.  If they provide that, send them a certified letter, return receipt requested, for a payment plan.  that way, if they sue you, you can go to court and show the court you've made an attempt to work this out, with no response from them.  I don't know if it will sway the court, but it will show the attorney that you know your rights and will protect them.

[MarineVietVet]

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@Anonymous wrote:

We were recentley contacted by Neuheisel Law Firm in Temp Arizona saying that Bank of America sold our account to them.  This is frustrating because we had payment arrangementsnwith BOA in which we paid down a 10,000 balance and only have 1300 left.... in which we were keeping up with....but nothing we can do now about that.  After this law firm calling and harassing us for two weeks...we finally got them to send us something in writing saying they were collecting the debt.  We are not disputing we owe the money...just want to know how to handle this collection place because we can tell they are going to harass us to death.  Should we do a debt verification with them first, and how should we go about it?  Also how do we get them to stop calling us...they harass my husband at work and call us continuously at home.  We live in Texas...can we record their phone calls?  Also we want to send them a letter offering payment arrangements...what is the best  way to do this?  Thanks for any advice in advance! 

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You have two different threads going about the same thing.

Since you live in Texas send them a DV letter. They will have 30 days to respond or they will have to delete. This is different than other states in which the CA is never required to respond to a DV letter.

Within those 30 days they cannot have any collection activity including phone calls.

From a BK years ago to:

9/09 EX pulled by lender 802
3/10 EQ- 800
4/10 TU -772

You can do the same thing with hard work

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[Anonymous]

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@Anonymous wrote:

We were recentley contacted by Neuheisel Law Firm in Temp Arizona saying that Bank of America sold our account to them.  This is frustrating because we had payment arrangementsnwith BOA in which we paid down a 10,000 balance and only have 1300 left.... in which we were keeping up with....but nothing we can do now about that.  After this law firm calling and harassing us for two weeks...we finally got them to send us something in writing saying they were collecting the debt.  We are not disputing we owe the money...just want to know how to handle this collection place because we can tell they are going to harass us to death.  Should we do a debt verification with them first, and how should we go about it?  Also how do we get them to stop calling us...they harass my husband at work and call us continuously at home.  We live in Texas...can we record their phone calls?  Also we want to send them a letter offering payment arrangements...what is the best  way to do this?  Thanks for any advice in advance! 

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As previously suggested, I would send them a letter stating that you are willing and able to make payment arrangements.  If they decide to sue, you can use that to convince the court to put the case on hold sans attorney fees while you pay down the debt.

You can also send the creditor a letter telling them that you do not wish for them to contact you in any form but via the mails.  This probably has no legal effect on an OC, but most will comply.  They might sue you, but see the first paragraph. 

[RobertEG]

Wow!

My impressions....

First, did you have a written agreement with BOA for repayment?  If so, and any third party purchased the debt, they also must assume the legal contracts in place for repayment of the debt.  So there is something you can still do now.... hold them to your contracted debt-repayment schedule.

If  this "law firm" is now representing themselves as a debt collector, they must comply with the FDCPA.

From the date they first had an "initial communication" with you, that triggered their requirement under FDCPA 809(a) to have provided you with a formal, written, collection (dunning) notice within 5 -days of that initial communication.  If they did not do this, they are in violation of FDCPA 809(a).

If you want them to leave you alone, a suggested two-punch letter to them, sent CMRRR:

"This is a request, under FDCPA 809(b), for your validation of the debt, which I dispute, but you have asserted that I owe to you.

"I request full verfication, at a minimum, of the amount of the currently asserted debt, and  the name and business address of the original creditor.

"As you are aware, this request requries, under the provisions of FDCPA 809(b), that you immediately cease all collection activity as the date of your recepit of this letter, until such time as you provide the requested validation.

"However, in addition to, and apart from your requried cessation of collection activities under FDCPA 809(b), I additionally request that you cease any and all communication with me regarding this debt, under the provisions of FDCPA 805(c),  This cease and desist request is in additon to, and supercedes any ability on your part to resume any further collection activiies, even if you respond to my debt validation request, as set forth above, under FDCPA 809(b).

"This request for cessation of further collection activities futher extends, under the provisions of FDCPA 805(b), to any communicatons with ANY third parties, be they family, friends or employers/employees."

[Anonymous]

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@RobertEG wrote:

Wow!

My impressions....

First, did you have a written agreement with BOA for repayment?  If so, and any third party purchased the debt, they also must assume the legal contracts in place for repayment of the debt.  So there is something you can still do now.... hold them to your contracted debt-repayment schedule.

If  this "law firm" is now representing themselves as a debt collector, they must comply with the FDCPA.

From the date they first had an "initial communication" with you, that triggered their requirement under FDCPA 809(a) to have provided you with a formal, written, collection (dunning) notice within 5 -days of that initial communication.  If they did not do this, they are in violation of FDCPA 809(a).

If you want them to leave you alone, a suggested two-punch letter to them, sent CMRRR:

"This is a request, under FDCPA 809(b), for your validation of the debt, which I dispute, but you have asserted that I owe to you.

"I request full verfication, at a minimum, of the amount of the currently asserted debt, and  the name and business address of the original creditor.

"As you are aware, this request requries, under the provisions of FDCPA 809(b), that you immediately cease all collection activity as the date of your recepit of this letter, until such time as you provide the requested validation.

"However, in addition to, and apart from your requried cessation of collection activities under FDCPA 809(b), I additionally request that you cease any and all communication with me regarding this debt, under the provisions of FDCPA 805(c),  This cease and desist request is in additon to, and supercedes any ability on your part to resume any further collection activiies, even if you respond to my debt validation request, as set forth above, under FDCPA 809(b).

"This request for cessation of further collection activities futher extends, under the provisions of FDCPA 805(b), to any communicatons with ANY third parties, be they family, friends or employers/employees."

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If BOA sold the debt to another entity, I do not think under provisions of the FDCPA that entity must be in compliance.  Making frivolous demands is probably not the best way to encourage a creditor to accept payment terms.

Further, unless the prior repayment agreement was in writing, any new owner of the debt probably would not have to comply with its terms.

[lazerz69]

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@Anonymous wrote:

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@RobertEG wrote:

Wow!

My impressions....

First, did you have a written agreement with BOA for repayment?  If so, and any third party purchased the debt, they also must assume the legal contracts in place for repayment of the debt.  So there is something you can still do now.... hold them to your contracted debt-repayment schedule.

If  this "law firm" is now representing themselves as a debt collector, they must comply with the FDCPA.

From the date they first had an "initial communication" with you, that triggered their requirement under FDCPA 809(a) to have provided you with a formal, written, collection (dunning) notice within 5 -days of that initial communication.  If they did not do this, they are in violation of FDCPA 809(a).

If you want them to leave you alone, a suggested two-punch letter to them, sent CMRRR:

"This is a request, under FDCPA 809(b), for your validation of the debt, which I dispute, but you have asserted that I owe to you.

"I request full verfication, at a minimum, of the amount of the currently asserted debt, and  the name and business address of the original creditor.

"As you are aware, this request requries, under the provisions of FDCPA 809(b), that you immediately cease all collection activity as the date of your recepit of this letter, until such time as you provide the requested validation.

"However, in addition to, and apart from your requried cessation of collection activities under FDCPA 809(b), I additionally request that you cease any and all communication with me regarding this debt, under the provisions of FDCPA 805(c),  This cease and desist request is in additon to, and supercedes any ability on your part to resume any further collection activiies, even if you respond to my debt validation request, as set forth above, under FDCPA 809(b).

"This request for cessation of further collection activities futher extends, under the provisions of FDCPA 805(b), to any communicatons with ANY third parties, be they family, friends or employers/employees."

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If BOA sold the debt to another entity, I do not think under provisions of the FDCPA that entity must be in compliance.  Making frivolous demands is probably not the best way to encourage a creditor to accept payment terms.

Further, unless the prior repayment agreement was in writing, any new owner of the debt probably would not have to comply with its terms.

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+1  Assuming that BofA had good records and provided them to the attorney, the attorney may be able to validate the debt.  Once they validate they may not be in the best mood to agree to payment terms.