I just recently went through and had a judgement placed against me for an old credit card(providan card). Just a few days ago I received another letter from another attourney stating how they had the account. I just want to know is that common? Can I send them a dispute letter based on that I am paying another agency for this bill already? Any answers would be good. How is the best way to handle this. I learned my lesson from past mistakes and want to send them a letter pronto, so I don't mistakenly validate their claim. Thanks all!
So you are saying that the CA is claiming that they own or are collecting a debt that is the same debt that you have the judgment against you for but isn't the judgment? If this is what is happening, this is exactly why you should always make sure that someone who claims to be an assignee of a debt, even if valid for someone, is in fact the specific someone who it is valid for. You could have more than one someone claiming you owe the same debt to them. That isn't fair. While I doubt it goes much farther than a bifurcation, it's possible that any number of claims could be made from the same underlying debt if no proof is required. Even if the amount of this judgment isn't huge, consider that not talking to a lawyer and getting your options figured out could mean trouble since the judgment is probably increasing at some interest rate. Also, perhaps this new information is grounds for vacating the judgment, I don't know. Someone is a-jivin' you, though. I would find out who. Did you validate their claim last time by not doing that? The FDCPA is a consumer protection law, not a means by which you should be validating anything. If you didn't otherwise respond, however, that would mean a default judgment, something different, and just as bad.
I just got really overwelmed. I am one of those people who puts their head in the sand. When the ca started calling and sending letters, I never responded. That was dumb. I know, I think I was just really unprepared. Then I was sent court papers about them trying to recieve a judgement. I was doing well at the beginning, but realized that there was no way I could show this to be SOL, and that I did not have enough to pay it off, and no way to be able to afford and hire an attourney, I just pretty well through my hands in the air. Now I am sitting here with this new letter. I have drawn up a dispute letter, but I am curious that maybe I should try to call them and find out some info before I send the letter off. Would that even help? Sorry to ask silly questions that probably a thousand people have asked before.
