jlynn! or anyone! help me.

Discussion in 'Credit Talk' started by cashback, Aug 26, 2003.

  1. cashback

    cashback Active Member

    Today I got a letter from a collection lawyer who want to collect unpaid credit card bill(Over $5,000).

    They told me to pay them or contact them within A WEEK or they will sue me.

    They also said I can dispute the validity of the debit within 30 days but also said that the law doesn't require them to wait until the end of the 30 day period before suing me to collect the debit.

    Also they said that if I request validation, the law requires them to suspend their efforts to collect the debit until he mail me the validation.

    Is that true? Can they really sue me before 30 days?
    If they can't make collection effort once I request validation, how can they sue me at the same time for the collection purpose? This is confusing.

    If they really sue me, then what should I do?

    This letter is very scaring to me and they are located in my area. Are they just bluffing or what?

    Why did the OC turn my account to a collection lawyer but not to a CA? What are the difference between these two?

    So people, please help me with this. How do I handle this? I don't want to get sued!
    I am in PANIC!!!!

  2. SoParkDiva

    SoParkDiva Well-Known Member

    $5,000 is a nice chunk of change. Did you think that debt would just go away? Now that the inevitable is here you're in a panic and you want to "validate" the debt? This is not the time to panic. This is the time to take evasive action. Move and change your phone number. If they can't find you they can't serve you.
  3. cashback

    cashback Active Member

    Even though I move, But they can still find my work place. Can't they? If so they can serve me at work. Can't they?
  4. jlynn

    jlynn Well-Known Member

    Breathe in breathe out. Everything they have told you is true. And, they have succeeded in doing what they hoped - they want you soooo freaked out you will figure out any way to come up with the money.

    There are two differences between a CA and an Collection Attorney.

    1. They can sue you because they are attorneys :)
    2. They are scumbag CA's with degrees :)

    The 30 day validation period is not a grace period. They can do anything they darn well please in those thirty days up until the moment they receive your dispute/validation letter. Once they receive that letter EVERY collection attempt must stop, until they have validated to you.

    Do not lose this letter - that "contact us in a week or we sue", smells dirty...

    Proceed with validation. If it will make you feel better, fax a letter today, and then send out the original CMRRR.

    Who is the OC, and the CA, and when was the DOLA on this account, and what state are you in?

    Do not move, do not change your phone number, unless you would like to live in credit hell for the next 7 years. You will have to tackle this head on.
  5. Butch

    Butch Well-Known Member

  6. jlynn

    jlynn Well-Known Member

    Re: Re: jlynn! or anyone! help me.

    Thats what I mean - it smells dirty...but I would rather someone pursue validation and see what other kinds of violations crawl out of the woodwork.
  7. WranglerTJ

    WranglerTJ Well-Known Member

    Re: Re: jlynn! or anyone! help me.

    Thats exactly what I was thinking also Butch...thats what got me my settlement with a CA... I'm glad I read about overshadowing.
  8. jlynn

    jlynn Well-Known Member

    Anybody have a good article about overshadowing bookmarked? Cashback is gonna come back and ask LOL! And it seems like another recent poster was having the same issue.

    I remember their was a legal case, but can't recall the cite.

    Cashback a VERY BASIC description -

    You have 30 days to dispute/validate a debt and afford yourself all the FDCPA protections (you can validate at any time, but lets not go there now)

    Anyway, when a CA, even though they print out the mini-miranda mentioning your 30 days says something like "Pay up in 5 days or we are going to sue" then they have OVERSHADOWED your right to the 30 days.

    They have scared the bejeezees out of you, and you are AFRAID to take your 30 days for FEAR that they will sue you...thus, the LEAST SOPHISTICATED CONSUMER, (test used by the courts) pays a bill that may or may not be correct, because they are so FEARFUL they will be sued. The CA has thus OVERSHADOWED your rights.
  9. Butch

    Butch Well-Known Member

    Re: Re: Re: jlynn! or anyone! help me.

    I know Dear. Just thought maybe you forgot the name.

    Spears V. Brennan is about over-shadowing.

  10. cashback

    cashback Active Member

    Re: Re: jlynn! or anyone! help me.

    Thank you for your help jlynn! But I am still scared.
    The oroginal creditor is called Mill Creek bank or something. This credit card was for internet shopping mall. (Means you can use this only for internet purchase) I am in California and the Collection Attorney is right next city from where I am living right now.

    What is DOLA? I can't find the term from the glossary list.

    OK, I think I will proceed with validation, but if they erally sue me, then what can I do? In fact there are not much to dispute about this debit because all purchases made using that card were shipped to my home or work!

    Plz, how can I defend myself if they really sue me?
  11. cashback

    cashback Active Member

    Yeah, what is exactly "overshadowing"? Scaring Consumers beyond what the law allows? Is Overshadowing illegal? If so, when I write validation letter, should I note them that that's not legal?
  12. SoParkDiva

    SoParkDiva Well-Known Member

    Sorry I could not respond to your post because I was sleeping :)
    You're in for a long and bitter fight. I suggested that you move to make it more difficult for them to find you. You can move next door or down the street. Everybody moves at one time or another. There is nothing sinister or immoral about moving. Just don't leave a forwarding address though.

    DOLA means Date of Last Activity. Which means the last time any activity such as late payment or no payment was made on the account. 6 years and 6 months from that date of last activity (DOLA) you are free and clear from that debt so to speak. They will fight you tooth and nail before that time because the law is on your side.

    I added "so to speak" because there are those who will come breathing fire and say I am wrong. But the law is the law. They may pursue you after 7 years but in most states the timeframe in which they can sue you has ended. So check with your state laws to see when the statute of limitations runs out on paying back debts.

    Good luck.
  13. keepmine

    keepmine Well-Known Member

  14. cashback

    cashback Active Member

    Re: Re: jlynn! or anyone! help me.

    Moving to a different place is not a problem. But, Can they still find me at work? That's the part that I am worried most if I move to avoid their law suit attempt.

    The DOLA for this account is last May. So I still have to wait for long unitl SOL comes.
  15. SoParkDiva

    SoParkDiva Well-Known Member

    Re: Re: Re: jlynn! or anyone! help me.

    If you didn't put your current work number on any correspondence to them then I wouldn't be afraid. They can't find out where you work. How would they do that? Call up the labor dept and say, "Hey, we're looking for the number to cashback's job"?
  16. cashback

    cashback Active Member

    Re: Re: Re: Re: jlynn! or anyone! help me.

    I did gave my current work phone number to original creditors. But before I stopped paying I changed my work phone number. Some of them actually called to my real work few times, even though I gave them a fake but working work phone number(A pre-paid cell phone). So this means they can find me where I work, isn't it?

    And If they have my real work phone number, can't they find where I work easily?

    Also, I have wage garnishment for child support and of course this account is shown on my credit report. Can this help them to find my work address in anyway?

    - cashback
  17. cashback

    cashback Active Member

    K, now I know what overshadowing is

    Thanjs keepmine!
    Now I know what overshadowing is.

    So guys, when I write validation letter to this collection lawyer, do you guys recommend me to mention about this possible law-breaking? So that they can't sue me easily by showing them I know stuffs?

    Or just keep quiet and just ask for validation so not to invoke any aggressive response from them?
  18. jlynn

    jlynn Well-Known Member

    K, now I know what overshadowing is

    *Sigh* Cashback, I am one of those firebreathers mentioned in another post. I've been down that discussion road before, and I won't go there for your sake. But, as a whole, burying your head in the sand is not what this board is about.

    1. In California, the information I have says the SOL (statute of limitations) for suing you for this debt is 4 years. That would be 4 years from the time you quit paying this debt.

    2. If you choose to run, hide, change your address, live on cash, etc., it can stay on your credit report for 7 years from the DOLA. You won't be able to buy a house, you want be able to buy a car, etc., because anytime you attempted any kind of credit, it will update your information (address, etc.). Only you can make the decision if you want to live like that. $5000 is a lot of money, but so is the cost of a move LOL.

    3. I won't discuss skip tracers here. If someone wants you bad enough, they will find you. Is it likely? Its a crapshoot. But they do have your social security number - what do you think is the best means of finding someone?

    4. If it were me, here is what I would do. REQUEST VALIDATION NOW. You will stop them in their tracks. What exactly constitutes enough validation to pay a debt has never been spelled out by any court. Only what is NOT. At the very least, validation will buy you some time.

    5. Do not hint at knowing your rights in that letter (overshadowing), use the one in the sample letter forum, and don't change it. Do not give them the heads up. Ask many people here - if they are willing to screw up with the very first letter, chances are they will screw up again.

    6. Head to Radio Shack and buy a recorder, to record phone conversations. If they call after they receive that letter...they are in deep doo doo. Do not initiate phone contact with them, and truly, try to avoid it with them.

    7. Do you have any way to make payments on this on the off-chance they do validate? I do not know your financial status. Are you anticipating funds to pay part/all of this anytime soon? All these matters come into play on the best way to handle this.
  19. Butch

    Butch Well-Known Member

    K, now I know what overshadowing is

    If the debt involves items purchsed from an OC which is now collecting, and you had items shipped to your place of work, they already have that information.

    Follow Jlynn.

  20. LKH

    LKH Well-Known Member

    Re: Re: Re: Re: jlynn! or anyone! help me.

    Hellooo!!! He already said some of the items he ordered were sent to his/her work. Of course they know where he is. And, I've got to say that advising someone to move in order to avoid service is not great advice. Have you ever heard of service by publication? If they can't find the defendant, they publish it in the newspaper. Then they get a judgement because the defendant didn't answer because he never knew about it. Then what you advise?

    And I absolutely agree with Butch, listen to Jlynn.

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