Christi? cnswift? Am I in trouble!!

Discussion in 'Credit Talk' started by fjh, Jan 29, 2002.

  1. fjh

    fjh Member

    Hi,
    Now I am really nervous, you responded to a post I had place pertaining to Msjackson....I'm not sure what I should do? Basically there is a local attorney that is representing my two charged off accounts (Gulfstate (bankone)/Midland (discover)). When she first started calling, she acted like she was calling from the original c.c. companies. These accounts are really old, the discover was charged off in 98 and the other one I actually paid 1/2 of the balance to Gulfstate but didn't finish, that has been over 2 years now. The attorney offered me a settlement first or payment plan, I posted here and the advice received was to validate. Now I'm not sure, should I just go for the settlement? Everyone before told me to validate...I'm such an idiot to have let things get this out of control and now I'm not sure where or how to start digging myself out of this mess! Thanks so much for any advice! I know I can do this, I swore this year that I would stop running and take care of these problems!
    fjh
     
  2. Christi

    Christi Well-Known Member

    By all means, I'm probably not the one to be answering for you, but I'll sure try :) Calm down and everyone here will help you through it, we've all been through this or worse and you will get alot of support here. How much are these charge-offs for? I'm not sure if the attorney is "real". Sometimes collection agencies *pose* as an attorney and even send paperwork to you appearing they are an attorney and that itself is a violation of the FDCPA. You need to know (I think) who "owns" your debt at this point, is it the collection agency or the attorney. If I were in doubt I personally would send both a validation letter with the cease & desist communication paragraph included, but let's bump this up and see what other insights there are. They are MANY or MOST people on here with far more knowledge than I.

    Chin up...you'll be fine :)
     
  3. fjh

    fjh Member

    Ok, I'm new to this what does "bump this up mean" I've seen it used before? Thanks so much...I am trying to calm down :) I ran a CR and the "attorney" is not listing it but Gulfstate has the (Bankone listed 2X's) and Midland has the discover amount listed. The amounts are just a little over $2000 each. I am so appreciative to you all, it's nice to have discovered this place!
     
  4. Christi

    Christi Well-Known Member

    bump it up, means move it so someone else will hopefully respond or it doesn't get lost in the next page....I would send validation to the collection agencies listed on your report, be sure to send via certified mail with RRR. Also include the cease & desist communication paragraph just in case the "attorney" calling is affiliated with them.
     
  5. Andrew

    Andrew Well-Known Member

    Who's the Attorney?

    Pierce, Hamilton and Stern, for example, is a collection agency that sounds like a law firm.
     
  6. fjh

    fjh Member

    Unfortunately I just looked them up on the web and they are a real, they have a huge website and everything!
    fjh
     
  7. fjh

    fjh Member

    bump?
     
  8. fjh

    fjh Member

    will they really sue me?

    Do I have time to validate this debt or should I just pay it? This is a real attorney representing Gulfstate and Midland...(I looked up their site on the web), do I validate with the law firm or with Gulfstate/Midland or just take the settlement. She is threatening to sue, how long do they usually take to start that procedure? Also, the amounts are for just over $2000 each. Thanks,
    fjh
     
  9. tmitchell

    tmitchell Well-Known Member

    Re: will they really sue me?

    fjh....

    I'm gonna go against the grain here. I'd suggest paying it off. Unless you are ready to fight them (and you don't sound ready at this point), don't fight them.

    If you plan on fighting it, you've got to calm down and stop panicking. By reading your posts, it sounds like you are strongly favoring the option of paying them.

    We can give you as much advice as you want but unless you are comfortable with utilizing the tactics provided here, you probably shouldn't fight it. I liken the situtation to fistfights when I was a kid - I would never let anyone talk me into fighing someone. I'd only fight someone if I wanted to.

    Maybe that's a stretch but the principle is the same. If you aren't comfortable with following our advice (and there isn't anything wrong with that), pay them now and fight another day.
     
  10. fjh

    fjh Member

    Re: will they really sue me?

    Hi,
    I would fight them but I'm not sure that it will make a difference since it was my debt? I'm confused as to if it will work....does that make sense? What will be the end result? I'm just getting nervous that they will sue me or something (I think that would be called panicking!) These people have been such jerks, at first I wanted to settle but now I don't want to give them any of my money! I will play hardball but just want to make sure that I am doing the right thing and not making things worse. Do I start by sending a validation letter to both the law firm and Midland/Gulfstate? I will do what I have to....this year I will not live in fear because of debt collectors!
    fjh
     
  11. tmitchell

    tmitchell Well-Known Member

    Re: will they really sue me?

    Now, that sounds like less fear and more inititative. It is not illegal to ask for validation. Now, they can sue you prior to validating so it won't block a suit should they file.

    If you are fairly certain they can validate the debt, it may not help you to force validation. You may be relying on luck more than anything else. For debts over $1K, it's not uncommon for creditors to file suit so you are in danger of that since the debts are near $2K.

    Since you've corresponded with them, you'd be the one that could gauge whether or not the will actually sue.
     
  12. fjh

    fjh Member

    Re: will they really sue me?

    Thanks so much! I have the letters in hand and will go mail them right now...it can't hurt right? Thanks so much everyone for your advice and support!
    fjh
     
  13. cnswift

    cnswift Well-Known Member

    Re: will they really sue me?

    I'm terribly sorry fjh, I really didn't intend to panic you. You asked about whether you should send a letter to an attorney, and I just wanted to make sure that if someone had already filed suit against you that you didn't waste any time before speaking to an attorney of your own.

    It sounds like your on the right track though--you're not running from the problem, so take some comfort in that. ;)

    Unfortunately, at this point it's a matter of opinion--yours!--how to proceed. :) If you want my opinion, though, I'd say: If you think they really will sue, and you think they really will win if they take you to court, then settle before they get a chance.

    The opinion letters on this subject are a bit difficult to follow, but depending on the type of attorney, the validation letter may not hold up legal action. As in, you could send a validation letter, they might just sue. A lawyer could help you with this.

    You won't have as much leverage to have the collection account deleted from your report after you've paid, but if they sue you and win, you've also added a judgement to your list of troubles.

    I would say whatever you do, your focus should be not to get sued. If there's a way you can manage to play hardball and not get sued, then definitely go that way, and don't take any more crap from these folks than you have to! But, if the only way to avoid a lawsuit is paying them, then it's probably best to go ahead and do it.

    By the way, my e-mail works, and although I'm not necessarily the worlds biggest expert on this, if you get panicy and you're not getting many replies on the forum, you're welcome to e-mail me.

    And finally, if you want to find an attorney just to ask some questions of, contact budhibbs@budhubbs.com and ask if he knows anyone if your area. Super friendly guy who will likely write back the same day. ;)

    --
    cnswift

    PS- Not trying to make this sound all gloom and doomy, on you, but collection agencies and lawyers are kind of gloomy and doomy to begin with. Trust me, once you've been through this and made it out, life will never be so sweet as the day you realize you no longer have to dread your phone ringing.
     
  14. cnswift

    cnswift Well-Known Member

    Re: will they really sue me?

    Don't see how it could hurt, no. :)

    --
    cnswift
     

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