So...I received 2 entries on my credit report and called DC to find out. They sent letter for two small debts from 2009, of which I never received notice as the original creditor screwed up address apparently. I called OC to ask about having them pull them back in exchange for pay in full, and they liked the idea, but called me back and said DC said "no" due to contract. I then sent a letter to DC asking for PFD, with no answer. Then they send a letter stating they have waited long enough it's going to their attorney. Keep in mind, I wasn't worried because it's from 2009, and I never received any notification. HERE'S THE CLINCHER...I get a letter the other day from State Attorney that I am hereby noticed a complaint has been filed against me for the two debts. I "must complete the following steps before 6/3/2009" pay victim, service charges, State Attorney's fees to clear the cases. Funny thing is they have my new address on there, which I did not even live at in 2009 -Plus the date to avoid action is from 3 years ago! I called the DC, and I told them they cannot do this, it's a violation of my rights as SOL has expired, and they became very nervous, but told me THEY DID not actually do it, in fact, I no longer had to deal with them?? They said the OC actually did it. Which is not what it says on official complaint from state attorney (it says the DC name). So I called state attorney's office, and I said there must be some mistake, because I cannot have a case 3 1/2 years later filed against me due to SOL. She said, " Well, we sent you all of this in 2009, and it just fell through the cracks honestly. We were just letting you know it was still out there, and you can pay it still." ??? What the heck is going on, and how should I proceed? Florida statute says 2 years for less than 150.00, and 3 for above, so I am well over the SOL. I want to contact DC, because I feel they initiated all this and do not know what they're doing...or do they? Thank you!!!!!
If it's the 'real' State's Attorney's office, their phone number should match what's in the phone book's governmental contact number section. However, if the letter was lost in their offices for THAT long, and a case was never filed for them, they would appear to be time-barred. If an action was filed, and a default judgement was entered, you now having the letter postmarked year's later than the date of the letter should be enough to show a defect in those judgements. Also you will want to read the FTC opinions on the amount of the debt to see the legality of incorporating legal fees into the amount of the debt itself, unless those legal fees have been ajudicated or specified in the contract.
I called an attorney who was kind enough to look my name up and verify nothing was out there on me. He was definitely familiar with the attorney's office, and could verify the admin name on the letter. It was a result of me trying to deal with the DC. The OC actually called me and said they tried to pull the debt back, but DC said no as they were under contract agreement with each other. In looking at the last letter DC sent me, it states we have given you plenty of time to handle this now we are sending everything to our attorneys. After that, I got the letter from state attorneys office...3.5 years late. I called them and told them they couldn't do that as I never got squat from them until now, and they cannot sue me so much later. They actually told me it was fine and they wouldn't. Which ended up being false. Ultimately, I 'm no longer worried after verifying my name with attorney against case numbers and finding nothing. What is funny is after first letter I called and disputed debt over phone and asked for the validation, which I did get. But they proceeded like I never requested a dispute. I guess I should have done in writing? Now- I get letters from their "attorney office" but I am not sure if she is or not to be honest. I have no idea what to do or say, because the whole thing got so messy and confusing and I do not want to be sued. Should I wait this thing out? My credit is actively being reported to BY OC (or some version of Encircle the DC) AND Encircle still. My FICO has tanked over 81.00
I'm having a hard time following.... Why is the state attorney going (or would have gone) after you? Did the CA ever sue you and get a judgement? Requesting validation -- always in writing. In fact, all correspondence should be done as such. Is it reporting on your reports? What is DofFD? If you know you're past the SOL, even if they do sue you, you know to simply raise the 'this debt is time-barre' defense. Dont't worry about the 'attorney' for the CA nonsense, it's a scare tactic. Give us some more information (my questions above) so we can assist better.
I was not aware of any suit or judgement... only after I saw the CA had listed a debt on my credit did I call them up and ask about what it was. I didn't know any better so I was on the phone with them back and forth trying to resolve the debt. I told them I never received any notice ever and they verified an incorrect address until I gave my correct one . It was from early 2009. I think the SOL for Fla. is expired as far as what I have found online. Anyway, they sent me a few letters getting rude, etc., and the last said they were sending to their attorney. Keep in mind, 3.5 years later now. So strangely, I get a letter same month, about 60 days ago, from the State attorneys office with a sheet stating this case needs to be resolved and paid to them with added legal fees, etc. it states send by July 2009!! Case number was listed and everything, with the address downtown. Along with this is a handwritten note from an admin person at the state attorney office telling me I can get it all cleared by sending the specified amounts and added fees to each party instructed. I called the number and it was in fact the state attorney office, and I asked why on earth I was getting a letter dated 2009 and this is the first I have heard. She said they must have sent to another address they had, and it was wrong. She literally said it "fell thru the cracks" and they were just sending it to let me know it was out there and I could get it cleared up. This is only after I said to her this was over 3 years ago, and could not be enforced legally on me this late. Another questionable thing that made me feel they had just rigged the date, was that the actual recent collection agency was listed on the case. I ended up calling an attorney and he looked up my name against court records found no cases for me, which was consistent with what the attorney office said. And he also said he knew who the woman was that wrote the note and I spoke with. She DOES work at the state attorney office in my town! I have no idea how to proceed. I already got debt validation, despite all their crazy mistakes, they are double reporting it on my credit religiously (as encircle and then as a version of the original creditor), I disputed with the bureaus's, but it came back as verified, I even sent a pay for deletion on alleged debt just to end it with no response. Now I have crazy stuff like cases floating around, and it is a really screwy situation. They generally do not respond by mail, only when I call. When I called the last time, I said what the hell do you ppl think you are doing, you can't sue me 3 1/2 years letter on something you only just now let me know about! They fed me some more b.s. on that and turned around and tried to do it. What is the best action for me to take???? BTW thank you for taking the time to get the background, this has been such a learning process and I have really fumbled my way thru it
Hmmm... You could try a cease and desist letter to the DC, but that won't clear up your credit report. A PFD seems like the best option to fix your report; but you mentioned they didn't respond originally to this request? I would stop talking to them by phone and just litter them w. correspondence - just make sure to send copies of everything and hang on to the originals.
I would take advantage of the fact that they do not respond when you write. I would write them a C&D, and see if they continue contacting me.
I may be a little too blunt for most people... A friend said that she went to watch Identity Theft, and said it was funny but predictable, my version of the movie would have been a lot shorter, I would have just sued everyone who thought she was Sandy, and raked in the money!
