All, Is this stupid ? I'm about to send a validation letter to some attorney debt collectors in MD. I live in another state. They don't have my current information obviously since they since this demand for payment to an address from 6 years ago. Should I disclose my return address when sending this validation ? I guess I have to so they can respond. I don't want to make any wrong moves that's all. I hear this is a judgment-happy debt collector office so I'm open to all advice. They can't file a judgement in MD against me since that is NOT my home state since that is against the law and it must be filed in my home state. How would you handle this about 1) disclosing current address information and 2) Them attempting to file Judgement in MD even though that is not legal according to the FDCRA? Thanks for the quick response. My thirty days to respond is coming up so I need to know whether to send this validation letter or not.
What is the SOL on the debt? What state are you in now? Where do you find the section in the FDCPA regarding the illegality of filing judgement in Maryland? Is that the state the debt was incurred? -Peace, Dave
You're wrong. They sure can sue you in Md. If they can't locate you, they'll just try and serve you at your last known address. Since you won't be there, they'll do whatever Md. allows as far as suing you in absentia as it were.
Why don't you just use a mail drop like mailboxes etc. to receive your mail from companies that you don't want to have your residential address? I would think that even a P.O Box would suffice. However since they can't file a judgement against you anyway I'm not sure why you would need to go this route.
SOL on debt = 3 years in the state the contract was signed (VA) and yes the SOL has passed. I'm now in NJ but the debt was incurred in VA. I'm still searching for the article about filing judgement in a different state.
Since the debt is past the SOL, you should VALIDATE. Use your current and valid address. Have no fear. That way you give them an address for proper service should they attmpt to sue you (even in VA, they have to serve you in NJ) There is nothing they can do to you in either state because the SOL can be raised as an absolute defense and they would not even waste their time taking you to court once you inform them you know about the SOL anyway. You must use your current address so they can attempt to send you the validation information but have no fear about the judgement. The validation letters are in the sample section. Tailor them to your needs but change only the specifics and tone...leave the letter intact as far as content and general meaning. Good Luck! -Peace, Dave
Here is the law about where they can file judgment: § 811. Legal actions by debt collectors [15 USC 1692i] (a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. commencement of the action was defined : "THE TIME OF COMMENCING ACTIONS-Time allowed that litigation-lawsuit can be brought. After that time, it has expired" So.... a) contract was signed in Virginia b) The time of commencing actions kicked in the day of the LAST payment same as when the SOL clock restarts. What do you think. There HAS to be some lawyers that frequent this board.
Allways "hide" in plain site from CA's and potential plaintiff creditors. The last thing you need is them to get a stealth judgement against you. A stealth judgement is where a plaintiff makes no attempt or a half-ass attempt to serve you, then files suit and wins a default judgement when you fail to appear to defend yourself. Some CA's specialize in this dirty trick so that they can then use the powers granted by the judgement to garnish wages, accounts, and pressure you into a settlement. To defend youself against this trick, make sure that the creditor knows how to get a hold of you. That way if they manage to pull off this trick, you can petition the court to have the judgement stayed or overturned based on the failure of the plaintiff to serve you. If they have your address, and you can prove it, they are going to have a hard time convincing the judge that they couldn't find you. Use a laywer, a PO Box, or a trusted friend's house. Personally, I write my creditors with whom I defaulted and gave them a valid address to write to me. I also informed them that all correspondents from subsequent collection efforts must use the address given. It was a PO Box address. I also gave them the address of my attorney should they decide to serve in person. They can arrange to serve me there if needed. I did this when the debts were still within the SOL for a lawsuit. I still maintain the same contact information incase they decide to try to sue after the SOL expired. Hiding from a creditor is not a wise defense. Instead, get in their face and tell them to bring it on. You are ready to rumble.
