Hello everyone. I'm still pretty new here and once again I have to say what a wonderful resource this is and how thankful I am to have found it. I've spend hours on this board and it's such a wealth of information! I apologize in advance if this is a newbie question and if I should have been able to answer it by searching. I've looked and I think I know what I should do I would like some input from you all though. I got a letter from an attorney the other day, I'll give the information here: Kenosian & Miele Attorneys at Law John P. Kenosian Kenneth J. Miele New York & California Bar 8581 Santa Monica Blvd., #17 Los Angeles, CA 90069 888.566.7644 The debt information is as follows (quoted from their letter to me): Our Client: PMGI, LLC Original Creditor: MP Base Signature FKA CLS Original Account Number: XXXXXXXXXXXXXXXXXXXX Accrued Interest: $993.13 Current Balance Due: $3488.70 The letter goes on to say that they intend to file legal action against me. It says that the notice is being sent to me as required by section 1033 of the code of civil procedure prior to claims filed within a superior court in the state of California. Unless I notify them in 30 days that I dispute the validity of the debt they will consider it valid. It says some other stuff but I don't think it's important, however if anyone wanted I'd be happy to retype it all. Ok so first things first, I have no idea who PMGI, LLC is nor do I know MP Base Signature FKA CLS. The original amount seems somewhat familiar as United Milage Plus (I think it was First USA) card I had a while back. I thought I had settled a lot of the debts that I had years back although this one might not have been one. I'd have to look it up, but I don't even know if that is who the account was for. Obviously getting letters from attorneys doesn't make me feel comfortable. So my first thought is to dispute it obviously. I'm familiar with sending letters to the CRA's asking for validation of a debt, but I'm not sure if I should respond to this letter that was sent to me in the same way? I also assume I should not call the attorney correct? And I should not admit to anything? Basically I've heard stories of people doing the wrong thing and then the SOL restarting back again and it sticking on my credit for longer. I haven't had a creditor calling me for ages. I did screw up and defaulted on a few accounts about four years ago, but I "settled" all those (through various means) and have been phone call free for a long time. So I was shocked to get this letter (and I had a phone call the other day too but I didn't understand what the lady was even saying so I hung up). Anyway, sorry for the long winded post, and I sure do appreciate anyone's help and advice on what to do. I should dispute this right? What type of a letter should I send and what should I be asking for as proof? My signature right? Will all that stuff still fly with a lawyer? Thanks again everyone! -Russ
If you don't know what the debt is for, and who the original creditor is, you can't determine whether you owe it, or whether the amount they are attempting to collect is correct. Nor can you determine whether it is even within the SOL. You will want to dispute the debt, and request validation, and the name and address of the original creditor, within 30 days of receiving their letter. You would also want a copy of the last statement showing any payment or charge, to determine the original default date. If you are not even sure if it is your account, you would want an application with your signature, or charge slips with your signature. Copies of statements with some address you never lived at might indicate misidentification or id theft. You would want to send your request CRRR, to show that they received it. What state are you in? If this is the debt you think it might be, has the SOL passed? Do you live in either of the two states they claim to be licensed in, CA and NY? What do your credit reports show? Do you have documentation on any accounts that went into collection that you paid, or particularly if you settled? Processed checks, settlement letters, etc?
Ontrack thanks for your response! To answer your questions... I'm in California. My reports don't show anything with the names they mentioned in the letter (which I posted above). They still do show some inaccuracies that I'm trying to get straight but as far as I can tell they are totally unrelated. When I was trying to "settle"/clean up my defaulted accounts years ago, yes I kept all paperwork related to any settling and paying I did. So I feel confident that if it's something I did settle that I have the ability to prove I did. What's odd to me is I've noticed those past creditors starting to requery my credit lately (Citibank being one and I defaulted on that account, and paid/settled it years ago).
If you dispute and request validation within the 30 days of receiving their letter, they cannot assume the debt is valid and continue collecting (including suing) until they have obtained validation from the original creditor and sent it to you. If they do, they will have violated FDCPA, as well as CA state law.
Sometimes when defaulted accounts are settled for less than full, or even when they are paid in full, they may be sold to other CAs, either erroneously or deliberately. That is why you want to keep records of all payments or settlements, so you can show that the account was settled. If you have accounts that were closed and settled, the original creditor should no longer be pulling your credit reports.
Fantastic, thanks once again Ontrack for your time and help. I will follow your advice and request the things you mention. You da man!~ Good point about the follow ups. It's been a little annoying to get the TrueCredit alerts and then seeing it's an old account re-reporting. -Russ
You will want to check on this, but if this is a CC debt, I believe SOL in CA is 4 years from last payment or charge.
According to this list, it is 4 years! Thanks again Ontrack! http://www.cardreport.com/laws/statute-of-limitations.html
