Ok just got a letter from a really old debt-charged off in 1998.....not on my credit report (in like 6 years) and I just pulled my CR's on 6/8 and no such judgment exists for Citibank LETTER received Law Offices of Mitchell N Kay, PC (mass form letter not signed) "Creditor-Citibank Judgment Balance Due $1521.70 This is to advise you that the above account has been referred to this office. This letter shall serve as a demand upon you for payment of the judgment balance indicated above. We have been authorized to proceed with whatever legal means are available in order to recover the amount now due. Should any further proceedings be rendered necessary as a result of your failure to respond to this notice, additional costs and interest may be added. Furthermore, we are justified in applying for an execution directing the sheriff or marshall to garnish your earnings, attach your bank account(s) or other property or both. In the event payment is not received by this office within 30 days after receiving this notice, we may institiute such proceedings as we deem necessary in order to recover the amount due. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion, we assume this debt is valid. Blablabla" Ok should I dispute? Is this a violation.....misleading? HELP....I'm excited Thanks
I would send a validation letter stating that you know nothing about a judgement balance and you request proof of the debt and the amount of the debt, including a full accounting of how the balance was computed. Just keep it simple. In the meantime, check with the courthouse to see if any judgements have been filed against you. If they have, get all of the information including the notice of service. Then check back with us when you receive answers.
Just got another letter from them TODAY acting like it's just a regular old collection. Settlement offer of $1217.54......no wording about judgment in this letter. I checked the courts.......no judgment. (I have a judgment with ATT Universal but not Citibank) do I have them on a violation? I think I do......Please advise
FCDPA Violation You have them on making a deceptive treat to start a legal action and their next communication is a letter offering you a discount. Easy to prove, CA should fold and pay to you with an ITS letter. If they don't pay, SUE THEM !!!!!!!!
Didn't know that, thank you! But the amounts are about $600 different and I did have an ATT Universal Card Mastercard and a Citibank Visa card back when I was in college 1995-1999, so I believe this is 2 different things-even the account number that is showing on the CA letter is different then the judgment account number one starts with a 5 and the other with a 4 (visa and mastercard)....since only 1 judgement is showing for $2086 on my credit report and the CA is asking for $1521.70 then a day later they say the will settle the account for $1217.54 in another letter with no talk of a judgment. If this is the same judgment why wouldn't they just go after my wages?
Did they actually say there was a judgement, or did they use generic language similar to FDCPA Sec. 809(a)(4)? http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 "... (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and ..."
BELOW is exactly what the letter said. Creditor-Citibank Judgment Balance Due $1521.70 This is to advise you that the above account has been referred to this office. This letter shall serve as a demand upon you for payment of the judgment balance indicated above. We have been authorized to proceed with whatever legal means are available in order to recover the amount now due. Should any further proceedings be rendered necessary as a result of your failure to respond to this notice, additional costs and interest may be added. Furthermore, we are justified in applying for an execution directing the sheriff or marshall to garnish your earnings, attach your bank account(s) or other property or both. In the event payment is not received by this office within 30 days after receiving this notice, we may institiute such proceedings as we deem necessary in order to recover the amount due.
Without the original account numbers, or a copy of the judgement, how can you know what debt or debts the two letters are referring to? They may, or may not, be referring to the same debt, and without indicating which specific debt you are paying, they could apply it to whatever account they think you owe. FDCPA says they must send you a copy of the judgement. You may find yourself paying part or all of it, but you at least want to be sure it is your debt, and which debt it is, to make sure you don't pay some debt that is not yours, is not in agreement with the judgement, or end up paying it again if some other CA comes after you later for the same debt. Notify them that you requested validation, and that their last letter did not include a copy of that judgement as required by FDCPA. Request an accounting for any difference between the amount they are collecting, and the amount shown on the judgement, and request the original creditor, and original creditor's account number. Include a copy of the letter they sent. Send CRRR. You may want to separately request the original creditor and account number for the second letter. It wouldn't be unheard of that they might collect on the judgement, and also collect a second time on the original debt.
