To all of you nice folks who have posted comments concerning problems I am now having with an attorney from New Orleans, LA over an old credit card debt; a charged off debt that was recently acquired by a company named Credigy; an old credit card debt that many in this forum have now determined; based upon information I have supplied to this forum that the SOL has already run out on my debt. Just a few minutes ago I received my 1st phone call from the attorney in New Orleans wanting me to contact him as soon as possible concerning this matter. QUESTION: How many times during the day can a CA legally be permitted to contact you about a past due debt? What's the latest they can call legally concerning attempts to collect a past due debt? QUESTION: How should I respond? Many in this forum have stated that you should NEVER contact a CA directly yourself by phone to discuss such but to write the CA a letter instead. QUESTION: Is now the time to write a C & D letter or what? Those of you out there who know more about such matters than I do; please feel free to respond and for those of you who don't know my particulars; details are listed below. Charged off credit card account Account originally opened - 11/1993 Date of last activity on my account - 02/2000 Date information reported to credit bureau - 09/2000 My state of residency is: Mississippi Charged off debt amount: $7,815.00 Amount attorney is trying now to collect - $10,158.12 sburch2 Biloxi, Mississippi End Of Message 09/08/03
Sounds to me like the SOL is not up yet, I'm not sure though. A cease and decist letter may trigger a lawsuit. I hope more people will respond that have more information than I.....sorry. When people were getting judgments against my wife and I when we had a tragedy a few years back...it really got to the point where we just didn't give a darn about process servers or court sherriffs. When they called we answered. When they stopped by we went to the door. Most of them if not all of them had heard about our terrible loss in the media and some came by and signed off (falsely) that we were uncollectable. (some collection people are true angels.)
Snakeman: I have seen posts made by others in another credit forum that since I live in MISSISSIPPI and because a credit card account is considered to be an "open account" the SOL in MISSISSIPPI on an "open account" is only three; (3) years and because the date of "last activity" on my defaulted credit card account is listed as February 2000; based upon that information; the SOL has now run out. Hopefully others will see my posts and let me know if that is correct or not. Hopefully an attorney is out there reading these posts and will reply. sburch2 Biloxi, Mississippi End Of Message 09/08/03
I responded in your other post. Go ahead and send the C & D and let them know you know it is out of SOL. If you have a fax (and a fax number for the attorney) fax it over, and follow up with Certified Mail. They should go away.
So if the lawyer should call tomorrow attempting to collect the debt; take his call and ask for a fax number or not take his call; call his office later and speak to the secretary and ask her for their fax number? Follow up with a Certified Letter to his office the next day? Finally what documents should I also fax to validate my claim that the SOL has now run out on my defaulted account? Also fax him a part of my recent credit report containing the account information in question; good idea or a bad idea? Finally can you direct me to a site featuring samples of good C & D letters? I've never had to write one. Comments if you please. sburch2 Biloxi, Mississippi End Of Message 09/08/03
Re: Lawyer trying to collect CC deb Do NOT fax them any portion of your credit report. Don't give them any possible ammunition that they may not already have. I would say to just send a C&D and state on it that the account is past the SOL, so threatening legal action that can not be taken is against the law. Sample C&D letter can be found in the Letter Samples forum (go back to the main creditnet page and go down to the Members Only Sample Letters (read only) section and look for the C&D. ChrisB
Re: Lawyer trying to collect CC deb If you're going to send a C & D letter to this attorney, you should be 100% sure about the statute of limitations. Some collectors, especially attorneys, will call your bluff. If he or she sues for the $10k, then it won't be a small claims case. And chances are, you lose the advantages of relaxed rules and procedures. You'll be placing yourself in litigation where the rules and procedures can be complicated and unforgiving. Further, once the case is filed, the attorney may be a little less inclined to settle the case for cheap. Be careful.
Re: Lawyer trying to collect CC deb Thanks for the post; advice is well taken. sburch2 Biloxi, Mississippi End Of Message 09/09/03
Re: Lawyer trying to collect CC deb Well it just so happens that I spoke to my attorney today, he asked me what was the date of last activity on my defaulted credit card account. I informed him that the last activity made on my account was a payment which I made on February 11, 2000. My attorney then went on to say that my account type in the state of Mississippi is considered or classified as an "Open Account" and that the SOL on an "Open Account"; here in Mississippi is three; (3) years; three; (3) years from the date of last activity; February 11, 2000 which would mark the three; (3) year SOL period to have ended on February 11, 2003; if I understand him correctly. My attorney then advised me to write a C & D letter to the other attorney representing Credigy, the CA trying to collect $10, 158.12 from me and to also "NOT" talk to the attorney representing Credigy; send them a d**n letter and to also send my letter by "Certified Mail" with return receipt requested. If you or anyone else out there reads this; my latest post and have any other thoughts or comments to share; concerning this matter; please post. sburch2 Biloxi, Mississippi End Of Message 09/09/03
Re: Lawyer trying to collect CC deb Well it just so happens that I spoke to my attorney today, he asked me what was the date of last activity on my defaulted credit card account. I informed him that the last activity made on my account was a payment which I made on February 11, 2000. My attorney then went on to say that my account type in the state of Mississippi is considered or classified as an "Open Account" and that the SOL on an "Open Account"; here in Mississippi is three; (3) years; three; (3) years from the date of last activity; February 11, 2000 which would mark the three; (3) year SOL period to have ended on February 11, 2003; if I understand him correctly. My attorney then advised me to write a C & D letter to the other attorney representing Credigy, the CA trying to collect $10,158.12 from me and to also "NOT" talk to the attorney representing Credigy; send them a d**n letter and to also send my letter by "Certified Mail" with return receipt requested. If you or anyone else out there reads this; my latest post and have any other thoughts or comments to share; concerning this matter; please post. sburch2 Biloxi, Mississippi End Of Message 09/09/03
Re: Lawyer trying to collect CC deb I love it when an attorney confirms our advice is correct! LOL C & D away and no more worries for you!
Re: Lawyer trying to collect CC deb LOL, If they know what they're talking about they will. Now, make sure your adversary knows that YOU know, there's no way they can get even a dime out of you. And then, offer $100 to completely delete, in writing of course.
Re: Lawyer trying to collect CC deb Butch: I read your post; what were you referring to when you mentioned that I offer $100.00 to the attorney representing Credigy; the C.A. in this case; to make it go away? Explain if you would. sburch2 Biloxi, MS End Of Message 09/10/03
Re: Re: Lawyer trying to collect CC Basically what Butch is saying is that once you've let them know that you know they can't sue you for the money, and you know your rights, you can send them a settlement offer for a quite small amount, in return for deletion. They probably will just return the debt to the original creditor, but they might take the offer. And especially if they actually bought the debt (many OC's will sell CA's debts that they know are past SOL for pennies) they may jump at the chance for a hundred or so knowing they paid $5 for it, to get easy profit and be done with it. ChrisB
Why? Why is everyone telling this person to send C & D's or settlement letter instead of validation to this CA attorney? If they can't validate then they can't continue to contact you right? If they can't validate why pay for deletion?
Why? Zero, you would need to read the OP's other post. They are on disability, very limited funds, and really just wants the attorney to go away. I personally got the impression, their credit reports weren't a big issue for them, nor was going thru the validation process.
