Serious law firm, help!!

Discussion in 'Credit Talk' started by Simon, Oct 2, 2002.

  1. Simon

    Simon Well-Known Member

    Hello creditnetters,

    I am brand new to the board and have spent the last week or so reading and learning lots. This board is an incredible resource. I had hoped to quietly absorb a little more before my first post but I have need for some good advice now. I have received a letter from the Law Offices of Mitchell N. Kay regarding my Providian Mastercard. The account has been delinquent since the spring of 2000 (I live in Chicago so SOL doesn't help). Since then it has bounced to four different CAs before landing with this law firm. I have just learned that the same law firm sued someone I know for a delinquent Discover card. What are my options? Should I dispute the validity of this debt with the law firm? If so, should it be sent via certified mail? I don't have very much time left of the 30 days they allotted for disputing. Is this something that can be faxed? I would really appreciate any advice on the matter. Thanks!

    Simon
     
  2. uniondiva

    uniondiva Well-Known Member

    how much do they say you owe?

    yes, you want them to validate the debt completely. Send the letter certified , return receipt requested. there are sample letters on this board! I doubt if they initiate a lawsuit after only one letter. so don't be overly concerned about that!
     
  3. Simon

    Simon Well-Known Member

    Hi UnionDiva,

    The law firm claims that the balance on the account is about $1,100 but I have not verified this amount yet. Is a law firm required to send an "Intent to Sue" letter before actually taking someone to court?
     
  4. keepmine

    keepmine Well-Known Member

    That depends on your state law. It's called "right to cure". Some states require a formal notice giving you a chance to work something out and others have little or no provison. What happened with your friend? That may be a clue to Il. law.
     
  5. Simon

    Simon Well-Known Member

    Thanks keepmine,

    I will ask my friend whether or not he received a warning before he was summoned. In the meantime, I will try to get info. on IL's "right to cure" laws.

    Simon
     

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