How to proceed with a CA

[Anonymous]

I have a collection account that was to fall off this month.  I disputed it and TU deleted it.  The CA reaged it and put it on EQ as a new account.  I DV'd them and have the returned green card.  Before I did the DV I got a collection notice from them, standard stuff. (I did the DV within 30 days of notice).  Now I have received a letter that, in my opinion, borders on threatening and deceiving.  It states that legal action is to begin soon.  My assests have been identified and targeted.  They have sent my file to their legal department for review and immediate action.  Now, instead of an account number it lists a case number.

I believe that they are trying to intimidate me.   I filed a complaint with the BBB,  my states AG and the FTC.

I am sure that the SOL has expired on this since it was about to fall off my CR.   The maximum years in Washington is 6. 

I am worried they will try for a judgement.  Even though they have my current address it is only required that a letter be sent to the last known address.  So, what would happen if they got a judgement without my knowlege and levied my bank account?  Is there anything I can do or should I just wait for a response to the DV.

Any insight and advice would be appreciated.

[Anonymous]

 They have signed for the DV. So they must also cease collections and that goes for filing a suit against you.

I would wait the 30 days required for them to validate.

[Anonymous]

Since it is beyond the SOL they legally can not sue.  Is that correct?

[Anonymous]

Per FTC opinion letter - they cannot begin legal action until they answer your DV.

Keep the first CR - it is your proof to defend any legal action.  If they think you are 'one of the unknowing' and file - you ask for an indefinate stay until they validate.  also with your answer you ask for discovery (use the llist from Lonnster's letter) and an affaidavit as to the accuracy of what they are proving (has to come form the OC if memory serves).

BTW, your response if they file  is "I don't owe this debt" ,SOL has expired, CA has not validated this debt per FCRA &  FDCPA.

[Anonymous]

Thanks.  It makes me feel a little better. 

When they say they have "targeted my assests", to what are they referring?  Bank accounts, etc?

My house burned down and I lost everything so I have no material assests.  That is one reason I had to kinda laugh when they said that.

[Anonymous]

They are bullying you into paying.  Don't worry.

[Anonymous]

guiness, they still can technically sue you BUT if you are beyond the collection period because of SOL, you have a VERY solid, winnable defense against it.

Sounds like they are doing some pretty nasty stuff. Cudos for reporting them!

Good luck and keep us posted!

Message Edited by Sylviatob on 02-12-2008 09:21 AM

[Anonymous]

I was reading a case law that states in Washington State, (and all states ruled by the 9th district court of appeals) if you do not request validation within 30 days of receiving your first notification, you are no longer entitled to verification or validation.

I do not see how that can be.  According to the FCRA, and I will paraphrase this, states can have their own laws, but if the FCRA gives more to the consumer, then the FCRA takes precedence.

It does not apply to me, just makes me wonder.