Hello, I have a very old circuit city debt (from 10/96). It will fall off my credit reports 10/2003. The statue of limitations in my state is 6 years. I had not heard anything about this debt until Jan. of 2002, when an out of state collection agency sent a letter telling me that they debt is theirs now. I sent them a validation letter 5 days ago. Today I received another very long letter from a real attorney's office in my home state (about 180 miles from where I live). The letter basically says that the collection agency assigned the debt to them, and if I won't pay they may sue me. Any ideas what I should do? There are 7 more months in the statue of limitations but I don't want to have a judgement now. The debt is originally for 1350, but the attorney says it is $2000 now. Any ideas? Thank you! Mark
Why would the AG send you a letter saying the CA might sue? That sounds strange. The AG wouldn't get involved in collection activity unless there is actually a suit (so I would think). Anyway, did the CA provide an original document with your signature? If they didn't how can they sue? If they ignored your validation request, then in my opinion they don't have a suit. But if they do take you to court, ask for the original document. When they can't produce ask for the case to be dismissed (that's what I would do). If they do produce the original document in court, show the judge your proof that you asked for the document and they didn't provide. Say that you tried to settle the situation but the CRA didn't cooperate. Ask that the case be dismissed based on that (once again, that's what I would do).
The letter basically says that the collection agency assigned this debt to their office for collection and a to sue if needed. I sent the validation letter to the collection agency just 5 days ago. Should I send another one to the attorney? This debt is so oldthat even I can't remember it. Thanks! Mark
Did you send your validation CRRR? If so when did the other company sign for it? If they signed it before the date on the letter, you have the CA in an FDCPA violation, and I would countersue for $1000.
The letter is dated 3/12/02. I received it on 3/15/02. I sent the validation to the collection agency on 3/13/02 so I don't have the green card yet. The letter from the attorney is very threatening. It oulines how it will happen, that the sherrif's office will serve me at my home etc. if they sue. On the other hand the letter was just sent with regular mail, it is not even signed by a specific attorney, and it says to call an account representative to pay it off or make arrangements if I cannot pay it. Can somebody explain how this works? Even if I go to court, will I still have a chance to pay it without a judgement? Thanks! Mark
One more question, is there a benefit to get my attorney involved or should I handle it by myself. You people are really helpful and supportive. Thanks! Mark
I am sorry I don't have the name with me, I left the letter at work. It is a 5 attorney firm, and they are real since I checked them out. Does it matter? Thanks! Mark
So they sent you a letter describing how the service/summons process works. BFD! Let them validate or attempt CCC (in which case you sue them). If they don't validate (with original documentation) go with the posts that say: tell them to pound sand!
