Ok, I requested validation of a debt in October. On February 26, they sent a photocopy of my signed application from 1997. On 4/9, I sent the 60 day letter and when I checked CreditExpert just now, there is an inquiry on 4/10 from a law firm. Aren't they supposed to validate first? What happens if they sue me to my last known address in NY and I don't get the notice? Then I can't appear in court to raise the SOL defense.... Help PLEASE!!!!! Quoted from their website: COLLECTION LITIGATION is commenced immediately in the event that voluntary payment arrangements cannot be secured. Upon entry of a judgment, asset locators attempt to locate attachable assets of the judgment debtor. This process includes: Issuance of information subpoenae with restraining notices to: Banks Landlords Utilities Insurance Companies Brokerage Houses Other Creditors Judgment Debtor Levies upon bank accounts Issuance of wage attachments and personal property executions
I'm sure others more knowledgeable will chip in here, but even if they were able to get a judgement, it could easily be vacated if the SOL were up on it. Once you are served, you write a letter to the court stating you have an absolute defense (the SOL). Send the estoppel letter. You have them on a couple of violations already it seems, so follow up with a letter of intent to sue in small claims court. If that doesn't do the trick....SUE THEM. Gib
But the problem is that I now live in another state than where they will serve me. My dad will forward the mail, but I don't know if he will forward something like that. And then it will take about a week for the mail to get here. Then I'm screwed. I think I'll just write a validation letter based on the inquiry and see what happens.
If they pulled your report, they have your current address. They would have to have you served where you now live. Sorry, thought you said you sent validation letter. If you have, send the estoppel. Gib
Well first, your reason for getting it vacated would be "improper service". Once the judgement was vacated due to improper service, if they re-filed, you would then raise the SOL as your defense. However, ALL you saw was an inquiry, you have not been sued Erica, relax...you have people that you know at your old address, they will let you know if a process server comes looking for you, or if you get a pile of legal looking mail from the liers, I mean Lawyers. I got an inquiry from a law firm during my NCO validation. Illegal, so I will try and fight the inquiry, as you should because YES they should validate FIRST (meaning before any further collection activity or permissable purposes only), but I do not think this automatically means you are being sued. If you do hear you are being sued, get the papers sent to you so you CAN raise your defense of past SOL to the court in time, and you will have no problem. -Peace, Dave
Erica, Didn't they validate this debt by sending you a copy of your signed agreement? When did they enter the judgment, before they sent you the signed copy?
Maybe I read it wrong, but I don't think they entered judgement, I think they entered an inquiry on her report. Are we assuming that since they pulled the INQ, that she has a judgement against her. If that is what you are suggesting Erica, you should call the courthouse and see if there is a judgement against you in this case. If you find that is the case, you should petition to have it vacated due to improper service. -Peace, Dave
A copy of the signed agreement is only a partial validation. She said she has sent the validation, and the 60 day validation. I would now send notice of intent. Just my $.02 Gib
You think a notice of intent is what's next? I mean, I sent the 60 day letter, First Class Mail the day before. The inquiry was the next day. More than likely before they got the letter. Dave, I am not implying that they got a judgement against me, I just included it in the original post of what they do. That seems like the next step for them. The SOL is up in NC where I now live, but won't be up until 7/2002 in NY where I used to live and the debt was incurred. I'm hoping to drag it out until July when the SOL is up in NY, so all of my bases are covered. What do you think? What is my next step? Validate with the attorneys? Send the intent letter? What?!?!?!
Erica, even if they sue you in NY, they have to serve you in NC. And then you can request change of venue and get it - because they still have to come to you. It is a complicated process, they wouldn't want to do it unless it is a huge amount of money. They would have to get a lawyer in NC, for starters. I doubt you have anything to really worry about. I would sit on it till next year and then, if they won't go away sue the daylights out of them.
Breeze, Do you think $3000 is enough for them to do all of that? Should I send the estoppel letter to the law firm to stall them until July?
I went back over what you have said - the inquiry is most likely to see if you are paying other people or owe others more money. So, what did they see? If you still have your NY address on your reports, and you have left it that way intentionally, it could be construed as hiding from them, and "toll" the SOL during the time that they couldn't find you because of the incorrect address on your reports. Since you have sent a validation letter and they responded with a signed copy of your app. I would send a different validation letter - you need to have proof that they have authority to collect this debt, a complete account history showing why they are asking for that amount, and proof that they are authorized to do business in NC. That should take up some more of their time.
They saw that I pay my creditors on time every month (except for them because the SOL is so close). They also saw my Charlotte NC address, which I had to report due to someone stealing mail from a mailbox and cancelling my credit cards and ordering new ones to a different address. (long story) I will send the law firm the estoppel letter, and I am still waiting for a response from the collection agency I sent the 60 day letter to on 4/9. I think that will cover it all, don't you?
Breeze, That was going to be my point. If they have no reason to believe she is in N.C. then they are justified in serving her at the last known address in N.Y. Erica, no expert on this but, I wonder if doing nothing wouldn't be the best course of action? You are SOOOO close to the SOL running out, why give them any encouragement to sue? As Breeze pointed out, they proably access reports by the thousands. Prehaps lay low and not do anything to bring attention to yourself might be the best bet.
Personalky, I think estoppel will pi$$ them off. I would just stall them with request for further proof. Are they they ones that sent the signed agreement? Also, are they licensed in NC? That is a biggie. I doubt that $3,000 is worth hiring another lawyer in a different state. What is the name of the law firm?? Are they collection lawyers or lawyer lawyers?
They are not the one's that sent the signed agreement, Midland Credit Management did. They aren't licensed in NC, and are probably licensed in NYC. They don't have to be licensed in NYS. The name of the law firm is Upton Cohen & Slamowitz They seem to be a credit law firm. Of all sorts. Bankruptcies, judgements, collections, you name it. They represent the OC (discover), and the CA (MCM).
Just stall them. I don't think they are going to hire a NC lawyer. It just isn't enough money for it to be worth it to them. But if you pi$$ them off they might. Don't go thinking estoppel prevents suing - it doesn't. Anyone who tells you that is wrong. estoppel just keeps them from communicating with you any longer, except to notify you of their lawsuit and then have you served. Just be a difficult case - stall, argue and stretch the time limits any way you can with the law firm. If Midland has it, Discover has written it off. Do the same with Midland. Once they realize you are going to cost them money, it will slow down. What have you gotten from the law firm? Anything besides an inquiry?
