Collection in legal dept? go bk?

Discussion in 'Credit Talk' started by challenged, Jul 7, 2003.

  1. challenged

    challenged Active Member

    I have an account that seems to have gone to the legal department. The rep I spoke to today said that it is no longer in collections and that he was going to sue me. He said that it appears that I have no intention to clear up this account and a lawsuit was now pending. Then he hung up on me. I asked for validation on the phone on 6/27 and sent my letter (with green card) on 7/3. This guy said that in order to get the information that I was requesting, I would have to do it in court and it would cost me between 2000 and 3000 dollars on top of the judgement and court costs. Is this true? That is not my interpretation of FDCPA. Also, I have never received a statement containing my mimi miranda and they have made 4 calls prior to 8 am in the last few weeks. Should I wait for validation or contact my bk attorney? Any help is appreciated.
     
  2. GEORGE

    GEORGE Well-Known Member

    $2,000 or $3,000 I DON'T THINK SO!!!

    You CAN'T be required to PAY FOR PROOF of owing any money!!!
     
  3. jlynn

    jlynn Well-Known Member

    They are going to owe you money before this is over! If you are working with a BK attorney, you need to let him know, but don't count on him to handle the FDCPA violations.
     
  4. SoParkDiva

    SoParkDiva Well-Known Member

    He's lying. He's obviously an underpaid waterboy for the CA trying to intimidate you. What does he mean by 'your account is no longer in collections'? Where is it then? I had one of these sharks hang up on me which started me on my 7-year odyssey.

    Remember, the bottom feeders are only interested in feeding off of you. They don't care about your situation or financial problems so why pay them?
     
  5. challenged

    challenged Active Member

    Thanks...These guys have me all nervous. The first time I have ever heard from them was in the beginning of june. This guy said he was from the legal department and it was no longer in collections. I'm not sure what that means. I have a bk attorney on retainer, but I have been cleaning with the help of this board. Everything is clean with the exception of this account and one other. I thought I was making progress until the call today.
     
  6. SoParkDiva

    SoParkDiva Well-Known Member

    Re: Re: Collection in legal dept? go bk?

    It means he's lying. Plain and simple.
     
  7. Flyingifr

    Flyingifr Well-Known Member

    I just posted two threads you should read - Understanding the Collection Process and Frustrate the Collector. Also, go to www.Budhibbs.com for some more information on what's happening.

    The Collector will try to make it sound like the judge is in his desk drawer.

    Friend, you ain't being sued till you're served with a summons.

    Send your Validation Letter CMRRR Today!!!

    Send your Limited Cease-Communication Letter Today!!!!

    Start reading about how to Judgement-Proof yourself. Don't be in such a hurry to file BK. That's the LAST resort, not the first.
     
  8. challenged

    challenged Active Member

    Thanks...I'll look at those.
     
  9. lbrown59

    lbrown59 Well-Known Member

  10. challenged

    challenged Active Member

    Re: Re: Collection in legal dept? go bk?

    Thanks, That is the letter I sent to them on 7/3 (the validation). I am still waiting for the green card to come back. Maybe the mailman will bring me that present today. One question though, can they still take legal action during the validation period, or do they have to wait until they have validated the account (if they can)?
     
  11. jlynn

    jlynn Well-Known Member

    Aren't you in the process of filing bk?
     
  12. challenged

    challenged Active Member

    I have had an attorney on retainer for a while...just in case. I am trying to get things taken care of...validations, payments, settlements, etc.
     
  13. jlynn

    jlynn Well-Known Member

    Just double-checking. Didn't want you to cut off your nose to spite your face :)

    Validate away!
     
  14. challenged

    challenged Active Member

    They got their validation letter today. Now the waiting begins. (and a quiet phone ;)
     
  15. lbrown59

    lbrown59 Well-Known Member

    Collection in legal dept

    ? go bk?
     

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