How should I handle this? NCO Financial saying Litigation will be filed tomorrow...

How old is the last letter you got from them?

 

How much is the alleged debt and do they own it?

 

If you got a first letter within the past 30 days AND they tell you that you need to call them or they'll file suit, that could be considering foreshadowing and is an FDCPA violation.

Keep the recording and the date stamp, it could be worth $1000 to you as evidence in an FDCPA suit.

If the letter is recent, then send a dispute and verify letter.

 

That would be big time foreshadowing . . .

If the debt isn't very large, this whole ordeal can be easily dealt with.

 

The person didn't say this was the first communication. They can't threaten to sue in their first communication because that will confuse you given your right to 30 days to validation. But this person had LETTERS, plural. So I don't see the issue.

 

You can threaten to sue at anytime. It only becomes a violation for a CA if they don't follow through.

 

While foreshadowing is a dubious allegation in my opinion, it can still be raised. It's effectiveness is almost nill inasmuch as it has been overplayed.

 

Foreshadowing is a plot device.

Overshadowing is a potential FDCPA violation (also a potential dismissal for a frivolous lawsuit and grounds for assessing costs and attorney's fees against the consumer and attorney who brought it).

Don't go to court on that alone.

 

Not following through is a violation, but threatening to sue in the initial communication, not a pleading now apparently, can overshadow validation rights. The person has 30 days and you've told them they don't have 30 days because you are "going to sue them".

Maybe you could say you are going to sue them in 31 days but I think that might also create problems. I would send them a letter giving them their 30 days and then after that sue them. I wouldn't needlessly risk making new case law at my own expense.

 

You need one win to avoid being frivolous.

 

Did they sue yet? Does "VM" mean voice mail? Did you save it? Because what is a "Sr Arbitrator" and what do they mean by "case"?

 

There is probably no more effective way to get sued. Of course ignoring them can bring that about too. Something silly like demanding validation is probabliy a sane middle road.

Do you realize how techical all this is. We are chatting here. What we should have is case law cites as far up as possible. Sometimes it matters WHERE you sue.

 

I don't know about everyone else but, my suspicion is that Bob well, ain't so DUMB! Good poster and a welcome addition to this board.

In any event, Bob is giving some very sage advice. A lot of what is being asked is jurisdictional specific. However, a cease and desist (full) is not a smart move necessarily on a non-time barred debt. I am reluctant to say that such a letter could ever be construed as a request for validation insofar as it just expressly states leave me a alone. That is contrary to requesting anything additional.

 

Incidentely, NCO is rather easy to deal with but, at 5k one should be somewhat careful.

 

That's true. The proper letter would have been asking them to prove that the debt is yours, give a complete accounting of how they arrived at the balance, and prove that they have the right to collect.

You can tell them that it is inconvenient for you to receive calls at any time, at any number, and that they should only contact you by mail.

But if you sent a full cease and desist, the only response they can legally make is to sue you. Otherwise, you have told them to go away. So they can't send validation to you.