Legal Action

Discussion in 'Credit Talk' started by mtnj, Dec 10, 2003.

  1. mtnj

    mtnj Member

    HI,
    I have been reading the information on this board at length today and all of this is a bit overwhelming. However I have a question regarding the action I should take in my specific situation. Last June (06/03) I was vacationing at my parents house and I received a phone call regarding a CitiBank account of a balance of approximately $6000.00. They said the last transaction was in 03/99 and I have made no payments on this account since... At this point I informed the CA that I had no specific recollection of this account and I needed them to send me further information in writing. I have never recieved any such documentation. Today I received a phone call at my house. I answer the phone and the guy asked for me. He then states that, "CitiBank has decided to pursue legal action for this past due balance and that he would like to settle this before going to court". I responded by stating that, "I do not have a CitiBank card and that I do not recall making any of the said charges on my account". I subsequently told him that, "before I would make any such payments that I would need to see proof in writing of such transactions". He then stated that he could fax me information, I declined. He then told me that all he could send me was a sheet with the balance on it... I was angry by this point and told him, "fine!" and hung up. Here's the strange part, I happened to request a copy of my credit report(Equifax) and I received it dated 10/21/2003 and there are no collection accounts listed. Whatâ??s up with that. I had a couple of CitiBank cards in the past but they all state, "Pays as Agreed - CLOSED ACCOUNT".
    When or if this CA that called me today sends me my balance should I then send him a Validation letter or what? Why would this not show on my credit report? Any help in this matter would be appreciated because I do not want to have to go to court over this screw up. Thanks.
     
  2. ontrack

    ontrack Well-Known Member

    Has he in fact sent you any information on the account, i.e.: his company name and address, Citi account number, and balance? If so this should be enough to determine if it is actually related to one of your closed accounts. It is not adequate validation, however.

    If you have the CA's address you can send them a request for validation. You could also separately call Citi and see if they show any open accounts in your name. The CA may have you confused with someone with a similar name, and they may not be trying very hard to locate the correct party or care who pays. You need to head off damage they might do, and increase their apparent incompetance and the illegality of their actions should they proceed anyway.

    If someone has fraudulently opened an account in your name, or reopened one of your accounts, perhaps by access to your mail after a move, file a police report, and a fraud report with Citi. Document everything in writing.

    A letter from Citi confirming that their accounts with you are closed and paid as agreed would help. In addition, if Citi still owns the debt and has assigned it to a CA, they may be jointly responsible for the CA's actions. If the CA is just randomly calling "John Smith" hoping to find the right one, yet doing damage to you in the process, including by making inquiries with no PP to your credit report, you may have to proceed against them to get all inquiries and bad TLs removed.
     
  3. mtnj

    mtnj Member

    I have yet to recieve any documentation from this CA. I have just talked to them on the phone today (12/10) and they said they would send me a document with my balance on it. They did have my SSN and other information. Since there is no "collection account" listed on my credit report, do they still have to provide validation for this debt legally or am I out of luck here? I have not corresponded with this CA via the mail and infact I don't evev know the name of it. Can they just decide to push a civil action against me without informing me of what the heck is going on?
     
  4. jam237

    jam237 Well-Known Member

    Collection activity is collection activity, and the FDCPA applies to any activities by a collection agency regardless of whether or not they are listed on your credit reports.

    It's just that in most cases if they aren't on your report, you aren't going to fight as hard with them until they try to put it back on again... :) thats why the majority of posts are XYZ is on my YZX credit report, and I want them off...

    Now, if you have phone number of the CA, you can try pulling a reverse look-up on their phone number on either, www.anywho.com or www.google.com if the number is listed, it should bring up their address information, then you can send them a validation letter even without them contacting you.

    Now, no one can actually sue you without at least serving you (well, they can, but non-service is grounds to have it thrown out), there is a process...

    First they have to go to court, file, the court sends you a notice that XYZ Co is trying to sue you on behalf of ZYX Co for $X,XXX.XX.

    Then depending on where you are the rest of the process goes from there.

    In a collection matter, you have the right to demand that they provide proof of the account, and that that account is yours, if they serve you first, then you request validation, they have to stop the process *IF* they can't provide the validation before the hearing.

    Chances are this company will still try to send you the mickie mouse printout that he talked about over the phone, with just the balance and try to say, "hey we got you, pay up."

    I don't think on that amount of documentation they would have a snowballs chance of winning -- IF YOU SHOW UP TO FIGHT THE PROCESS. That is the key part, these jokers only win, if you don't show up, and most consumers decide to roll over and play dead, and get a default judgement because they actually believe XYZ Co 'got them'.

    Now, from the first day that they talked to you, they have *5* DAYS to provide you the validation rights notice; if they don't, you have them on a violation. But of course, if they don't give you anything in writing, how are you going to know how to sue... can you see their strategy...

    Do as much as possible to keep you from knowing who you are, so you can't exercise your rights in writing, as you need to exercise your rights to be protected under the FDCPA. If you don't know who to write, how can you exercise your rights to valdiation, and if you just tell them over the phone that its disputed, they *DO NOT* have to provide you with any type of validation.
     
  5. jlynn

    jlynn Well-Known Member

    Don't confuse the laws/credit reports/and CA's. One has nothing to do with the other. Look at it this way: You may have success getting a debt off your credit report, but that doesn't mean it doesn't exist. IF they put it on your credit report, they have to follow the FCRA/FDCPA. IF they don't place it on your report, they still have to follow the FDCPA. One is not contingent on the other. HTH

    1. Don't talk to them on the phone again, except to get their name and address. I'm concerned that you verified your social security number with some "unknown" company. I might put an ID theft flag on my cr's for this reason. Could be a thief on a fishing expedition and you have just verified enough info to really do some damage to you.

    If it is indeed a CA, you are bordering on some violations here. They now have 5 days to communicate in writing with you. Yes, they can go straight to lawsuit.

    Please keep us posted.
     
  6. mtnj

    mtnj Member

    Ok thanks for the posts all. When or if I recieve this "Bill", I will post on any further actions made on behalf of myself and this CA. One more thing can someone further explain this five day rule. Thanks
     
  7. lbrown59

    lbrown59 Well-Known Member

     
  8. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Legal Action

     
  9. eddunn1

    eddunn1 Active Member

    Re: Re: Legal Action

    you may also want to check the statute of limitations in your state....they might not have legal authority to come after you if enough time has lapsed.
     
  10. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Legal Action

    That is the key part, these jokers only win, if you don't show up, and most consumers decide to roll over and play dead, and get a default judgement because they actually believe XYZ Co 'got them'.
    jam237 |
    =================
    Yeah nothin like a defaualt judgment on a bogus bill.Still more reason to outlaw such judgments.
     
  11. mtnj

    mtnj Member

    Re: Re: Legal Action

    I checked on the SOL. In my state it is 5yrs. When does the SOL kick in? Does this time period go into effect after the last transaction is made or some specific amount of days after the card has been delinquent? The CA in my (brief phone conversation) told me that the last transaction on this card was made in 03/99. This putting 5yrs just 3 1/2 months away.
    Can an attorney file suit prior to the SOL going into effect and get a judgment after such date?
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Legal Action

    1*When does the SOL kick in? Does this time period go into effect after the last transaction is made or some specific amount of days after the card has been delinquent?
    2/Can an attorney file suit prior to the SOL going into effect and get a judgment after such date?
    mtnj
    1* Sol starts from when the account first went delinquent and was never brought current.
    2*Yes
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  13. mtnj

    mtnj Member

    Re: Re: Legal Action

    Is it true that it is illegal for a CA to sue prior to responding to a validation request?
     
  14. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Legal Action

    They have done it.
     
  15. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: Re: Legal Action

    Have you sent WRITTEN validation request? The law says you must dispute in WRITING. Once they have "received" (read that send CMRRR!!) they must stop collection activity until debt is validated.

    But be careful, the law also says you must "dispute" within 30 days of receipt of notification, and that notification must be on a written format, with that disclosure included.

    Have they sent you any letter/statement at all? Did they say they were a collection agency? Or any language to that effect?
     
  16. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Legal Action

     
  17. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Legal Action

    NO IT DON'T LIMIT YOU TO 30 DAYS AS YOU CAN DISPUTE ANY TIME.
    The Ca is the one under the 30 days not the consumer.
     
  18. mtnj

    mtnj Member

    Re: Re: Re: Legal Action

    I have yet to recieve any type of written notification of this debt. I spoke with the man briefly on the phone just on this past Wed. He said he would send out a letter with my balance (not validation). I am not sure if he is a lawyer acting for Citibank or a CA. After I recieve this statement I will immediatly followup with a Validation request.
     
  19. jlynn

    jlynn Well-Known Member

    Re: Re: Re: Legal Action

    A lawyer trying to collect is a CA - don't let them tell you otherwise.
     
  20. lbrown59

    lbrown59 Well-Known Member

    1*I was vacationing at my parents house and I received a phone call regarding a CitiBank account of a balance of approximately $6000.00
    2*I do not have a CitiBank card and that I do not recall making any of the said charges on my account".
    3* When or if this CA that called me today sends me my balance should I then send him a Validation letter or what?
    4* Why would this not show on my credit report? .
    5* I have just talked to them on the phone today (12/10) and they said they would send me a document with my balance on it.
    6* Since there is no "collection account" listed on my credit report, do they still have to provide validation for this debt legally or am I out of luck here?
    7*? I have not corresponded with this CA via the mail .
    8*Can they just decide to push a civil action against me without informing me of what the heck is going on?
    mtnj
    =========================
    1*How did they know to call there?
    2*Where did they come up with this then?
    3*No - send it now.
    4*Easy; they haven't reported it.
    5*Don't hold your breath you'll smother!
    6*They have to validate or quit collecting.
    7*Yet it's the only way you should have corresponded with them.
    8*They sure can. In fact we have a thread going on right now where they sued someone in FL for TX property tax and the person has never been in TX or owned property there.
    Stick around here long enough and you'll find out nothing is impossible for CAs CRAs & OCs except for getting something right.
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