Civil suit questions

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This is bad advice without all the facts and I recommend not giving potential harmful information unless you know exactly what you are talking about

That guy does not know his ass from any hole in the ground. It is always safe to assume that he does not know what he is talking about.

[chronical]

But, little info was posted beyond acknowledging the debt.

I agree as well. The questions I've asked need to be answered first before any good advice can be given. I am in agreement that he isn't being sued until he has been served. There is also no reason to have to wait till then to find out. I'll keep checking here to see if the op responded

[Sean88gt]

I agree as well. The questions I've asked need to be answered first before any good advice can be given. I am in agreement that he isn't being sued until he has been served. There is also no reason to have to wait till then to find out. I'll keep checking here to see if the op responded

Curious, what's your background/career? Feel free to PM.

[chronical]

Curious, what's your background/career? Feel free to PM.

Sure, I've done credit repair for 10 years. Not the gimmicky company bs that's a waste of money. I personally work side by side with people and help them reestablish their credit.

Edit: people don't need services like I provide. All the info is out there for the reading and I recommended people read and learn themselves. You can't put a price on the life lessons learned after repairing your own credit.

[Sean88gt]

Sure, I've done credit repair for 10 years. Not the gimmicky company bs that's a waste of money. I personally work side by side with people and help them reestablish their credit.

Edit: people don't need services like I provide. All the info is out there for the reading and I recommended people read and learn themselves. You can't put a price on the life lessons learned after repairing your own credit.

I can dig it. It's the same with most services, you're selling convenience.

[93LXHORSE]

They also have to serve him. If he travels, a simple change of address could breath some distance.

I happen to be in Monterrey, Mexico at the moment! They can hardly serve me down here... now, can they!! LOL

Ok what state do you live in? TX
Who is the original creditor? BANK of America
How much is the debt for? 14,600
What is the debt for? Credit Card
What is the name of the "law firm" that is contacting you? I don't have the paperwork with me and I'm down in Mexico..
When was the date of last activity (defined as the first month you went 30 days past due that subsequently led to 60, then 90, and eventually charged off) I believe it was Aug of 2011

[93LXHORSE]

I did run my credit awhile back, and I believe at that time it showed in collection. The law firm that is contacting me via letter references someone else as the creditor - besides Bank of America. I figured it was the division of B of A that handles their credit transactions.

To tell you the truth I was getting so many letters and calls awhile back, and having fruitless conversations with collectors to the point that I quit responding for awhile.
I do know how to repair credit, I've done it in the past and had stellar credit.

Like I said previously, I am making steady strides in climbing out of the hole, but I definitely don't like the sound of a civil judgement. I do know they happen, heck I was in Falls City, NE a couple of months ago and the local newspaper is bored enough to list the names of everyone in the city who recently had a judgement levied against them from bill collectors of any kind.... amounts from 248.00 to several thousand..

Anyway I'd rather not have a judgement on record if I can avoid it.... I am trying to figure out HOW to avoid it. My phone call with noble intentions to make payment arrangements did not seem to satisfy them, though.

[Sean88gt]

I'm betting the law firm is a collecton agency. I would avoid contact with them, keep any response to written correspondence, damn sure wouldn't pay them a thing because it would create new activity. At this point, use the laws in your favor, paying them will result in it still being on your credit and getting it removed will take even longer.

I understand the desire to make it right, but nobility in your situation may hurt you.

[chronical]

I happen to be in Monterrey, Mexico at the moment! They can hardly serve me down here... now, can they!! LOL

Ok what state do you live in? TX
Who is the original creditor? BANK of America
How much is the debt for? 14,600
What is the debt for? Credit Card
What is the name of the "law firm" that is contacting you? I don't have the paperwork with me and I'm down in Mexico..
When was the date of last activity (defined as the first month you went 30 days past due that subsequently led to 60, then 90, and eventually charged off) I believe it was Aug of 2011

When do you plan on coming back to the states? You will need to gather information to help your own cause. If August 2011 is the DOLA, you are well within the SOL for them to file suit. And with an amount of $14,600, I would absolutely be expecting it. Now in Texas, your paycheck cannot be garnished so they can't make you actually pay it but a judgement would be horrific for your credit file and a judgement can stay on your reports for 7 years from the day it was filed. My first recommendation would be to get the name of this law office and verify it through the state bar association. Also, if they are collecting on behalf of a junk debt buyer, you need to send a dispute and validation letter letter to the JDB specifically citing and involving the Texas Finance Code Section 392.202.
I must advise that with a debt that size, they may be bluffing to get you to pay or they may not be. And you can't sit idle and do nothing if you are being sued but also, anything you do may also "wake the sleeping giant" and help motivated them to move forward with filing suit.

When you get back home, report back with what the letter says and if you were able to verify the legitimacy of this law firm. A copy of the letter (with all your personal information omitted) would help as well.
And do not get on the phone with them !!!!

[chronical]

I'm betting the law firm is a collecton agency. I would avoid contact with them, keep any response to written correspondence, damn sure wouldn't pay them a thing because it would create new activity. At this point, use the laws in your favor, paying them will result in it still being on your credit and getting it removed will take even longer.

I understand the desire to make it right, but nobility in your situation may hurt you.

Good advise. The only thing I disagree with is rather or not it is a law firm. Unfortunately, collection agencies pull this crap all the time so Sean88gt is justified in having doubts surrounding the authenticity of this firm. The sheer amount of it does make the legitimacy a real possibility though. A paid charge off and non paid charge off are scored the same and hurt a credit profile equally. So I agree to not pay anything right now. I would only pay if I had it in writing they would delete the trade line for ever, never to be reinserted in exchange for payment. If you are dealing with a jdb my settlement offer would start at 10% and work from there.

[emg]

I have a quick question, a while back I defaulted on a credit card, it was only like 3k, the debt got sold. Now almost 10 years later they started calling my mom's house (I don't live there anymore) and they'll call brothers and sisters that still live there. Some how they got their cell numbers... Can they do this or how do I get them to stop calling them?

Sent from my LG-D801 using Tapatalk

[chronical]

I have a quick question, a while back I defaulted on a credit card, it was only like 3k, the debt got sold. Now almost 10 years later they started calling my mom's house (I don't live there anymore) and they'll call brothers and sisters that still live there. Some how they got their cell numbers... Can they do this or how do I get them to stop calling them?

Sent from my LG-D801 using Tapatalk

If you know for a fact it was 10 years ago, then no. Send them the following letter certified mail and with return receipt. It's a copy and paste but is the letter you should use. You can change "receive a letter" to "received a phone call" and other bits to fit your situation. I apologize for the humor in the letter as it is a copy and paste

[chronical]

Junk Debt Buyer
Address
City, State Zip

NOT STUPID CONSUMER
address
City, State Zip


MM/DD/YYYY

Certified Return Receipt Mail No.: _____________


Re: Your Inquiry dated ____: your file # _____


Mr. Scumbag :

I received a letter from your office on (DATE) over an alleged debt from (Year)with (Alleged Creditor/Utility Company). I have no knowlege about a past due amount owed to (Alleged Creditor/Utility Company).

Under (ENTER YOUR STATE) State Code the subject account has a (#)year limit for filing any legal action or collection.

The starting date of this statute of limitations being either, the date of the last mutual activity, or the date of first default with the ORIGINAL CREDITOR of the subject account. The ORIGINAL CREDITOR being VERIZON, which you stated in your dunning letter to me dated mm/dd/yyyy.

This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.

What you are attempting to do is clear, and continued collection activities, including reporting, verification or insertion of accounts, beyond their legal collection date, to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease any further contact with me.

You are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else.



TYPED NAME

[lincolnboy]

I had the same thing happen to me, i ignored them for years. they kept selling it to other law firms. Nothing happen till one day i paid it off. Even if you dont pay on it or talk to them to keep it inactive, It will become active as soon as some one looks at the account or when they sell it to another company.

[chronical]

I had the same thing happen to me, i ignored them for years. they kept selling it to other law firms. Nothing happen till one day i paid it off. Even if you dont pay on it or talk to them to keep it inactive, It will become active as soon as some one looks at the account or when they sell it to another company.

This is not correct