i received a letter for Academy Collection last Saturday regarding an account I had with citibank since 1998. In 2001 I became delinquent and couldn't make the payments after I leased a car. Citibank sent me a summons to appear in court some time after for non payment. I was still in school at the time so I had free legal representation. The lawyer communicated with Citibank and eventually the Law office arranged payments with me for 150.00 a month. I kept up with this for a bout a year or so and in December of 03 I moved out of my parents house and now had to pay rent, car note on top of other things. So now I have this letter and the collection agency has called me numerous times and I spoke with them yesterday and the guy told me that I need to send in 100.00 by this friday to avoid Citibank taking legal action. I don't want it to go there again b/c the of what happened the last time. A summons was sent to my house by a courier and it was very scary. I have 30 days to send in a letter of validatiion which I will do but I don't understand how they can say send in the money right away or they'll sue when I still have time to have the debt validated by ciitbank. Any advice on what I can do?
if you were served by a legit court doc. yes. it is serious. you need to excercise your rights, right now, or be burdened with bs for 7 yrs or more. i recommend going to artofcredit.com and look for advice as to how to answer a summons. a few good moves, and common sense will allow u to b ok.... bugman.
No this recent letter wasn't a summons, just a letter from the collection agency saying that I have 30 days to write in to them to let them know if this debt is valid or not. I foolishly called them back out of fear and gave them info I shouldn't have but I changed my mind and decided to fight back and have them validate everything.
it seems like your on the right track ---the 1-2 punch. if they continue collection activity after your validation letter is received----youve got another notch to make on your bedpost! here's the fdcpa that may become relevant for you: they can threaten to sue---so long as they INTEND to. its not a slam dunk (because they may very well sue u) but its another angle for you to use.
Thanks bugman, I wrote my letter and will send it off today certified mail and have it so they send me a reciept that it was signed yada, yada, yada. So let's say they respond with a threat to sue, would I then have a case against them since they didn't provide the proof I requested from them?
be advised: validation is not defined specifically in the fdcpa, there are precedents you can use for your argument tho. just see if they even respond. of course if they dont even respond and continue collection activity- you have a violation. they may respond with some pathetic validation but you'll have to be persistent. remember, you may have to argue this in front of a judge. they are smart but generally are not completely learned on the fdcpa. the easier you can show a violation to him/her the easier will be your win. make your adversary jump thru hoops and watch closely for them to trip. bugman. btw- im not a lawyer and this is JMHO! hopefully others will chime in for you.
If it gets really crazy I will hire a lawyer but most likely I will try to settle to get them off my back. I don't deny that I had a credit card with Cititbank but I don't agree with the amount and the guy from the collection agency told me that I hadn't made a payment in over a year which is a lie b/c I was making payments thru a litigation office for the past 2 years so they are lying. I believe if you owe money you should pay it but it is a problem when people try to get money dishonestly.
Also bugman, the first letter the collection agency sent to me last week said I had 30 days to write in about the validity of the debt but when I called the guy told me that I had to have 100.00 in by the 14th which is today or else Citibank would proceed with legal action. So how can they demand money by the 14th when I have 30 days to still write to them and say if this amount is valid?
I agree with you, its like - ok, i owe - i want to pay - then you see the bill from the CA and your morality and honesty is shattered because of their lack of morality and honesty. bugman.
exactly, I am a very honest person but so many times collection agencies lie to scare people into paying money they don't really owe. I have had a judgement from a credit card debt for a small amount and it has really made it hard for me credit wise but now I am fighting back. I'm tired of it
you have to ask for validation, otherwise they will continue. its almost as if you have to make the validation request in order to preserve your rights of validation. bugman.
of course this should be done in writing but is the collectorl lying when he says that if I don't give them money by the 14th , Citibank will take legal action when in fact, I still have about 14 days to send my letter?
there is no window or 30 day buffer wherein they must stop collection activity unless you request validation. they can do as they like. you must request your validation now and put them on the ropes so to speak. bugman.
I sent an email to my attorney general where I live and this is what he saidl... You state that you were contacted by a debt collector representing Citibank. He informed you that a $100 payment is due on May 14, or Citibank would proceed with legal action. You state that the account information is not accurate. Under Minnesota law the Attorney Generalâ??s Office has limited authority. For instance, it has jurisdiction to represent State agencies. It does not, however, have jurisdiction to represent private citizens. Notwithstanding this limitation, I can offer the following comments, which I hope are helpful. First, if this is a debt collector covered under the Fair Debt Collection Act, he may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed. Second, if you believe the debt collector is not acting in accordance with this provision of the FDCA, this Office provides a free mediation service to resolve disputes between Minnesota consumers and businesses. Mediation is an informal process that requires the voluntary participation and cooperation of all parties. The mediation process can begin when you file a signed consumer complaint with our office. A form can be downloaded and printed from our website at www.ag.state.mn.us. If you are unable to obtain the form in this manner, please e-mail your address and I will be happy to send it through the U.S. Mail. So that we can better serve you, please fill out the complaint form carefully and include any necessary documentation of your problem (bills, contracts, canceled checks, correspondence, advertisements, etc.). Be sure to tell us the exact results you are seeking. Complaint forms should be signed and mailed to: You should be aware that mediation through the Attorney General's Office can only take place before you start formal legal action (such as arbitration or a lawsuit). Thank you again for contacting the Minnesota Attor
1* So how can they demand money by the 14th when I have 30 days to still write to them and say if this amount is valid? winter78 ```````````````````````` 1*You have this worded wrong: You don't have 30 days to inform them wither or not the amount is valid. You have 30 days to demand that they send you complete accurate proof of the debt. Send them the VL now. Also read the validation thread several times. There is a link leading to it under the red words in my signature below. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
quote: -------------------------------------------------------------------------------- *So how can they demand money by the 14th when I have 30 days to still write to them and say if this amount is valid? -------------------------------------------------------------------------------- You have to ask for validation, otherwise they will continue. Its almost as if you have to make the validation request in order to preserve your rights of validation. bugman. ================= *This is overshadowing his rights whither or not he demands validation is irrelevant as this is still a violation of The FDCPA. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><-
thats a good point lbrown, i totally missed it. That seems like a great argument to make, and its in writing by the CA. It never occurred to me quite that way, ill be watching for that. thanks, Bugman.
Thank you all for your help. I sent my validation letter on Friday after work so now I am waiting and in the mean time saving up some money just in case they want to settle for an amount that I can afford. I will follow up with you guys to let you know what happens.
just a letter from the collection agency saying that 1*I have 30 days to write in to them to let them know if this debt is valid or not. winter78 | xXxXxXxXxXxX 1*No you don't have 30 days to let them know if it's valid or not. They are the ones who have to prove you owe it when you demand the proof or they can't collect it. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
