Attorney Letter AND Collections AND Apartment Complex Letter Incl.

Discussion in 'Credit Talk' started by greeneyez, Oct 10, 2016.

  1. greeneyez

    greeneyez Well-Known Member

    I have a big concern on my hands. I am still dealing with a former apartment complex, and the sub-sequential debt collection. I demanded validation from All-State, a collections agency. Because they never provided validation before validating with the CRAs, I sent an intent to sue letter, and have quit receiving correspondence from them, and have not received additional phone calls. They still show on my report.

    Two days ago, I received a letter from an attorney, which is signed. It came from Elizabeth L. Martin PC Attorney at Law, PO BOX 1448, Birmingham, MI 48012. 248-649-3300, FAX 248-679-3302. Nowhere is All State mentioned in this letter. So, a few things: what are my next steps? How is she threatening to sue me when All State is still showing on my report? Can they do this? Also, they mention a judgment being mailed to me? Wouldn't I have a right to show up to court before any "judgement" is mailed to me? So many questions. What are my next steps? Help is appreciated!

    The letter stated the following:

    RE: Plymouth Woods Apartments LLC

    Dear xxx xxxxxxxxxx

    Plymouth Woods Apartments, LLC has retained our law office to collect a debt. As the date of this letter, you owe a total of $3,182.07, which represents the principal amount of $2,740.00 plus interest in the amount of $442.07. Because of interest, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which even will will inform you before depositing the check for collection. For further information, write the undersigned or call (248) -649-3300. Please contact our office to make arrangements for payment. This letter is an attempt to collect debt, and any information obtained will be used for that purpose. Our office is a debt collector.

    Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt of some portion of it, this office will assume that the debt is valid. If you notify this office in writing within 30 days of receiving this notice, this office will obtain verification of the debt or a copy of a judgement and mail a copy of it to you. If you request in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor if different from the current creditor.

    Very truly yours,

    Elizabeth L. Martin
    Attorney at Law
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    It sounds like the OC has given up on All-State and transferred your account to a new CA. I highly doubt they have any sort of judgement against you. This is just a form letter. Respond demanding validation from this new CA as well, and then see how they respond.
  3. jam237

    jam237 Well-Known Member

    I would search for Butch's Subsequent CA Strategy.

    I would file against All State, who now appears to have no interest in the account.

    And hit the attorney with a validation letter/ITS for continued collection activity, and the false and misleading representation that the transfer or sale of the account subjects you to activity prohibited by the FDCPA.
  4. jam237

    jam237 Well-Known Member

    My guess is that All State sent the account back to the OC to try to get out of the way of the ITS.

    On that, I would add an extra count of the false and misleading representation that the transfer or sale of the account subjects the consumer to activity prohibited by the FDCPA, and the continued collection activity on the account, and file, post haste.

    Now that they have stepped out of the account, they have no bargaining position, so it would be a shoot, they didn't go away. We have to pay.
  5. greeneyez

    greeneyez Well-Known Member

    Thank you for the input. I tried searching "butch's" and "subsequent collections accounts" and I'm coming up with nothing.

    So let me make sure I'm understanding correctly. You would:
    1) Demand Validation of the debt from the attorney
    2.)State that they are in validation of 15 U.S. Code § 1692e - False or misleading representations

    Can you let me know if I'm missing something? As far as All-State, you would next proceed with the suit? Basically, if nothing was done, All-State's crap could show up on my report for the next 3 years if I just ignored them, and they don't proceed with collections activities? Should I be also communicating with the Apartment complex, making them aware of violations of the CAs?
  6. greeneyez

    greeneyez Well-Known Member

    Also, from where are they calculating "interest?" Especially on a debt that has been "validated" by literally an itemized list that literally reads : "blinds-$90, carpet cleaning $200.00, etc." On one set of signed forms, they show me owing for one month, on the itemized list, they show 2.
  7. jam237

    jam237 Well-Known Member

    Found the link. It was restarted by jlynn based on a thread by Butch. After a number of discussions between us on the topic.

    Interest, if it's allowed to be charged would be based on the contract creating the debt, i.e. lease, in this case.

    Did the attorney provide the validation, or All Star? (Each CA has to provide the validation, you just know now how to challenge it from the start.)

    All Star probably will delete quickly, if they recalled the account.

    Did All Star respond at all after you questioned the validation?
  8. greeneyez

    greeneyez Well-Known Member

    All Star has not responded. They were the ones that provided the original "validation" (I'm using that term loosely). Is it my right to know if they recalled the debt? Basically, do they have to provide that information if I ask?
  9. jam237

    jam237 Well-Known Member

    They don't have to provide anything; unfortunately.

    The caveat though, is that if they recalled it, they need to take their listing off of the credit reports.

    Contrary to some form letters, the active collector doesn't need to prove that they have a right to collect the debt (the fact that they contact the OC to obtain the validation proves that the CA has a relationship with the OC).

    Which is why *I* still hit them with the lawsuit even after it appears that they dumped it, because that gives them all of the motivation to resolve the matter as quickly as possible, since they have nothing to gain by fighting (it's not like they can counter-sue for a debt that they no longer have).
  10. greeneyez

    greeneyez Well-Known Member

    Thanks, Jam. The other interesting thing I forgot to mention is that the attorney/new CA is NOT showing on my Credit Report. So, could this be a way to have All-State AND the subsequent CA coming after me?
  11. jam237

    jam237 Well-Known Member

    Some CAs will wait until after the 30 day validation period to report, it saves the reporting changes required if someone disputes the tradeline.

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