Hi My name is Erin

[Anonymous]

And I'm a bad creditoholic! (new word!)

My friend suggested I come here with my plight, as you guys may have the best answers for me, although she gave me a good many herself.. I'm currently under collections for a credit card debt.. Actually I've been getting Lawyer letters, so I'm sure its a bit farther than that...

The original card was for $3000, I did pay for about 2 years before I just.gave.up. I was paying and the balance didn't move, I got pregnant, and couldn't work as much as before due to some complications.. And not seeing that balance move AT ALL, was so discouraging.. Regardless of my "excuse" I just didn't pay it. And hoped it would go away..

And now here I am with a letter from a Lawyer in my hand declaring $7,000 that I owe, and I am so lost right now I have no idea where to go.. Isn't $4000 in fees a tad excessive?

My friend suggestion privacymatters.com as a place to begin to see where I am exactly, and I'm still waiting my my confirmation email from them

This card, is about 6 years old, and I've not paid them anything since 2004. Any advice to give a newbie would be much appreciated. Also my friend suggested sending the CA & the Lawyers a letter asking them to make all contact by mail, and any violation of that I can sue them for.. Is this the case? Because they call my parents house, not mine, and I'd REALLY love for them to stop.

[George2037]

First off next time they call your parents have them tell them not to call that number anymore, tell them you don't live there and they don't know where you are.  A letter sent by your parents would be better.  Make sure they haven't disclosed why they are calling, they can't even hint around you owe money let alone talk about the amount due to anyone but you.

Second find out what the Statute of Limitations are in your state.

If still within SL, send the CA a DV letter.  If they verify, send a PFD letter (basically tell them you don't agree with the amount owed but are willing to pay some of it to settle it).  Don't send money, or call the CA or Collection Attorney.  Do everything in wrighting, and make sure any agreement you make is signed and in your hands before any money is exchanged.

I wouldn't worry about being forced to pay the money until you get a letter from an actual court house, or served court papers.  If you do, I would suggest hiring a lawyer and if you can't do that at very least show up to court.  If you don't go to court they can get a default judgement and garnish your wages up to 25% even if it's out of SL.

I'm in MD and our SL is 3 years for everything with the exception of a Signed Contract (12yrs) and Tax Liens (lifetime).

[Anonymous]

Thanks for this info.. I have a very newbish question.. Indiana's Statue of Limitations is 6 years for Oral Agreements 10 Written Contracts 10(promisary 6 Open accounts.. (sorry copy&pasted) What does this mean exactly?

[Junejer]

---

@Anonymous wrote:
Thanks for this info.. I have a very newbish question.. Indiana's Statue of Limitations is 6 years for Oral Agreements 10 Written Contracts 10(promisary 6 Open accounts.. (sorry copy&pasted) What does this mean exactly?

Means that for this CC, the SOL is six years. Send them a DV letter, since you are still within SOL. Use the following letter, changing the Debt Collection company name, but not the items that you are demanding. Also, never sign anything to a CA, just type your name. Send it CMRRR.

CERTIFIED MAIL #

Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:

This letter is being sent to you as you are reporting on my personal credit report. Be advised that this is 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 FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State


Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name database. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. 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 United States Postal Service.

Best Regards,

Your Name

[Anonymous]

Thank you! You guys are seriously bringing tears to my eyes.. Although it doesn't take much these days. I'll send it out today!

[Anonymous]

Adding this too. My mother said that they're calls have been really threatening lately "You don't know who you're messing with, you need to call us immediately"

[Junejer]

---

@Anonymous wrote:
Adding this too. My mother said that they're calls have been really threatening lately "You don't know who you're messing with, you need to call us immediately"

---

Hi Erin. Are these recorded messages or is she actually talking to them. They are not allowed to use intimadation and such in their collection activities.

[Anonymous]

They're on her voicemail. I don't know if she's kept them, but I told her to START keeping them. She said they call at least 3 times a day

[Junejer]

---

@Anonymous wrote:
They're on her voicemail. I don't know if she's kept them, but I told her to START keeping them. She said they call at least 3 times a day

---

Good. You need to get those recorded onto some sort of permanent recorder. Also, if DM has caller ID, have her take a picture of the caller ID, especially after they are informed not to call anymore. Each violation = $1,000 to you.