Am I being sued? This is the information that was sent to me after I sent a validation letter to the CA, a few days later I get this. What do you guys think I should do? I know the CA sent a letter through the postal service to send to me, I think it may be court papers, if I went to the postal office to sign this pinkish looking card I am sure they would try to sue me. READ BELOW...... Dear Dimples1 CA has been more than patient waiting to hear from our office exactly why we are delaying further actions on this matter. We believe that most people want to clear their debts and if give the opportunity will pay. My job is to ascertain precisely why this has not been paid and when we can expect payment. The alternative is to prepare the necessary documents to file a civil suit for non-payment in regards to the credit account you established with Home Federal Savings Bank 10/01 (wrong damn date) which now owes a total of 450.77. The amount show above does not include additional expenses that may be included in this suit. Soon we will begin to conduct asset search and income verification. The fees associated with such an investigation as well as the collection costs and court fees could be added to the complaint filed in a court of competent jurisdiction where allowable by law. If you are interested in clearing this matter before the above cited costs are incurred you must contact this office immediately. I can work with you to settle this matter, however, the silence on your part is cause for action on ours. This is at attempt to collect on the debt described herein above, and any information gained will be used for the purpose of collecting this debt. Respectfully DIMPLES1 ******************* HOW MUCH LONGER WILL IT TAKE I HAVE ONLY 4 ACCOUNTS TO GO AND THEY ARE THE HARDEST TO GET RID OF.
I think it's a scare tactic. Stick to your guns, give 'em the 30 days and then send letter #2. "Asset search"...give me a break.
I THINK YOU ARE RIGHT, BUT IT DID SCARE ME A LITTLE. I WILL SEND LETTER TWO IN 30 DAYS. ANY ONE ELSE.
They are implicitly threatening legal action. Whose to say that they do not intend to follow up on it? Check with other Creditnetters that have dealt with them to see if they are bluffers.
They Are ............ R.RICHARD WILLIAMS ATTORNEY AT LAW IN SANTA ROSA, CAL AND THE COLLECTION AGENCY IS NATIONAL CREDIT SERVICES. I DO BELIEVE.
Bluff...and don't go to the post office to pick up that letter. That's likely another scare tactic. Don't make it easy for them to shake you up.
You are not being sued. You are only being fooled. Keep that letter as it is worth $1000 (possibly more). It's your proof that they've received the validation letter but keep trying to collect without making the actual validation. 1. Send them an estoppel letter. 2. File suit for FDCPA violations. This could be the easiest $1000 you've ever made. Saar
If someone threatens someone with a lawsuit or legal action without meaning to do it then they are liable for money - please see link. http://www.collectionlawfirms.com/fdcpa1.html http://www.law.emory.edu/ELJ/volumes/win97/simon.html I am not a huge expert, but I would think that if the CA is aware of the law, then they know that an attorney threat HAS to be real rather than just a threat. Plus if they set this guy up for a judgment, it's harder to get off. But, if this attorney is classified as a debt collector, then he has to be covered by the rules under the FDCPA as well.
