I posted some information awhile back from a threatening letter I got. The law office stated they were ready to get a judgement...this is the second time it's happened in two years...Okay, so I went ahead and did the debt validation thing and now they've sent some info. WELL after 30 days. I just happened to state that they should validate within 30 days...the information they got shows that they had the information during that time because the dates were stamped on the copies. I was thinking they weren't even going to validate. However, they have a photocopy with my signature and copies of my statement(s). However, some of the statements are missing! I asked for the complete history of the account...from the time I opened to the time I closed it. They have statements from two years ago..and the account was long closed by then! So why did they include most of the statements and even added later statements that I never received? Okay, the letter says this time around: "Enclosed is the application for the X Platinum Credit Card and copies of statements on the account. These are provided to you in response to your request for validation. If it is a matter of needing time to pay, please contact our office. Then there is a signature and the "Miranda Warning". If I don't pay them now, I'm sure I will get summons for court. However, I read somewhere once that I should NEVER pay the Collection Agency or their lawyers. Has anyone ever done a Cease and Desist letter? I cannot afford a lawyer if this case goes to court...I'm not sure what to do next...Any advice or tips for my next strategy?
I'm sure someone more experienced will chime in soon, but I will say this: Sending a C & D letter will ensure lawsuit, since the only possible way for them to communicate will be to sue you. So that's probably not a good idea. Does the CA own the debt or are they just assigned to it. If it's an assignment, you might be able to pay the OC. Wait for more answers.
Yeah, I just read on another site that it will start a lawsuit. I'm not sure if they own it or they were just assigned to it. There have been several collection agencies plus two law office that have contacted me about it...so it seems as if they are passing this debt around. The current law office did say that they were ready to get a judgement before I sent the debt validation letter.
Did you request the assignment?? Sounds to me from the lack of statements that it might have been purchased and furthermore they couldn't testify to the accuracy of the statements as they have no "personal knowledge" of the accounting and maintaining of the records. I'd challange everything. Look at the evidence code in your state. Make them give you reasonable proof of the assignment or assignments. I'd bet your state as mine does has "Notice Of Assignment". I just sent a JDB packing out of the courthouse with the assignment issue. Make them prove that every penny they are asking for is accounted for and make them prove they are entitled to collect or own the debt. There's no way I'd settle for what it appears they responded with. No CA wants to sue someone that's a tough cookie, they want you to agree or default. I'd make them prove it up.
So what do you suggest I do? I did ask them in my validation letter to provide proof that they contracted with the creditor to get the money from the me...of course they didn't include that. They sent most of my statements but not all of them...and they do have my signature...so I'm not sure...Are you saying I make them prove in court that they have the assignment? Where would I go to find out the assignment laws in my state?
Okay, I searched and found this on the Lexis Nexis site {I looked under my state}: Assignments for the benefit of creditors may be executed as heretofore; but in every case of a general assignment where the property assigned shall exceed in value the sum of one thousand dollars, the assignee or trustee shall, before he enters upon the discharge of his duties, after taking possession, and within twenty-four hours thereafter, file a petition in the chancery court of the county of the assignor's residence or place of business, or if he had no residence or place of business in this state, then of the county of the residence of some of his creditors, or where the property or some of it may be, for the administration of the trust. The assignor and all of his creditors must be made parties to the petition. Also, there is a new Senate Bill regarding debt collections and the term "assignment" is listed in one of the sections. However, this bill isn't going to past until July 1, 2006. Hmm...I don't think there's anything that I could against these ________.
Is there not a statute that deals with loans? We have 2 differant assignment notices in our consumer credit code, one for secured interests and one for loans and credit cards fall under our statutes defination of loan. FDCPA case Copolla v. Arrow Financial Services discovery of assignments were allowed. Arrow declined to provide assignments during discovery and Coppola filed a Motion to Compel and the court over-ruled Arrow's objection to answer the question of assignments. Look at your states evidence code and then look at what they sent you I bet it wouldn't stand up. I'm out the door to work, will try to help more later. What state are you in ?????? I'm in Oklahoma
I'm in MS. The evidence code is somewhat lacking. It would be easier if I could just get them off my back with the cease and desist letter but that doesn't seem to be the smart choice.
If you cease and desist them they might communicate with you with a summons. I tried to find the Missippi codes but am having a hard time. Where can we read the statutes??
Well, that's the thing...I don't think there is an Evidence Code for this state. In order to find the statute of limitations, which is three years, you have to go to one of those law websites or find it in one of those credit repair books...that's just shows how certain things are "lacking" in regards to the state's information about debt . Since writing a cease and desist letter will more than likely get them to take me to court...should I just sit back and do nothing? Just wait...to prolong it?
If the statements do not cover the period from when the last payment was made, to the present amount they are attempting to collect, then the validation is not complete enough to determine the correct amount due. This would be especially true if they claim to have included any fees or collection charges.
