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I have a collection for a broken date 5/2007. I have tried several times over the past three years to negotiate a lower payment,but I was denied.Today I received a letter that stated 'We are prepared to recommend that our client pursue this debt through more intensive efforts."They threatened litigation.Is there anything that I can do?I don't have that kind of money.
Do you know who owns the debt? Do you know your states SOL?
What have you done so far with this debt? by that I mean have you sent letters or disputed it?
What type of debt is it? auto, CC medical
I have done everything,including trying to pay for less than full balance. it's for 5k. for a broken lease and the OC said they can not take it back
FDCPA 807(5) defines as a false or misleading reprentation "the threat to take any action that legally cannot be taken or that is not intended to be taken."
Legal actrion is certainly an action that could be taken. To show that they dont really intend to take such action is proving their state of mind, and is nearly impossible to prove. I dont see anything improper in their advisement to their client to "consider more intensive efforts." While maybe an implied threat of legal action, more intensive action could also be updated communications with you.
What they are telling you, in my opinion, is that the debt is still within SOL, and as such, they wont accept less than full payment, and are willing to go to court to secure a judgement for full payment..