already? I haven't posted here for awhile now, but today I got a letter from some lawyer. Apparently, they have been writing while I was away at school. Here is the background. Discover Card sent me an actual "summons" for a judgement almost two years ago now and I received help from a person on one of the credit forums and "responded" to them..didn't hear too much from the local lawyers they hired for awhile...until the latter part of this year...Anyway, now it seems as if they already have a judgement. Here is part of the letter: "Your delinquent contract in the amount of XXXX.XX, has been referred to this office for suit. Unless, this debt is paid within thirty days of the date of this letter, suit will be filed without further notice to you. If suit is filed, we will seek judgment for the above balance...{including court fees, and yadda yadda...the next part talks about me disputing the validity of the debt}...Upon such notice from you, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification." Okay, the italicized part is confusing. Are they saying they already have a judgment against me and I must pay them or have it reported 20 something years..and I'm subject to garnishment? Before, I don't remember getting a warning letter, just the summons from some supspicious old man lurking around the house. Anyway, getting a Discover card was the worst mistake of my life...I so hate them! I could see if owed 5K or more...but I don't...they've added so many fees that it is now way over the initial credit limit I had. The statute of limitations for my state is 3 years...and the bill went into "arrears" in mid-2003...so I guess they are trying to get it while they can. Okay, what should I do now? I wanted to sign up with credit repair firm {for my other bad accounts} but now I have to deal with this. Is there a way I can tell if I already have a judgment...the last time I checked my credit reports I didn't see anything on there like that...Any advice?
No, that statement is a requirement of the FDCPA to be in all dunning letters. If a debt collector happened to be collecting on a judgment, then a copy of it would be validation. They are not saying you already have a judgment against you.
Re: Re: Does this mean I'm in Trouble... Okay, well the part about them saying that they will verify the debt and/or the judgment against me seems as if they already have something against me. Two years ago, I never heard anything else...no court date or nothing after I answered their "complaint."
Does the letter say "this is an attempt to collect a debt..." etc? If not, it's a violation. Also if they threaten suit and don't actually go thru with it in 30 days, then they have misled you and that's a violation. Send the demand for validation.
Yes the letter says: "You are advised that this is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose." So, after reviewing that portion of the letter I don't think it's a violation...Thanks for answering. I will go ahead and send the debt validation. In the past, I've used a "standard" debt validation letter from samples I've found online...so hopefully it will be good enough to send to these peeps. Then I will have to worry about "answering" their d*** complaint again.
Don't use one of those long letters with the attachments. Just write a simple letter, something like "This is to notify you that I dispute this debt in its entirety. Please send me proof that this debt is mine." Keep it simple, don't let on how much you know.
Okay, when I have done this in the past. I have not sent attachments {well once maybe}...I will take your advice...and try to keep it simple. I guess everything else is the same right? Getting a paper trail?
Re: Re: Re: Does this mean I'm in Trouble... Again, this is all statutory language - it is required to be written this way. What they have "against you" is an ALLEGED debt...nothing more at this point.
Re: Re: Re: Re: Does this mean I'm in Trouble... I think I am going to call the local [circuit] clerk's office to see whatever happened the last time around, just to make sure. I didn't feel like getting the letter ready to mail today...even though I should have...I'm just tired of dealing with this ish.
