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Old 12-26-2001, 09:42 AM
lcaduer
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Help, I'm being sued!


I live in georgia. I have a cc debt last reported on my credit report 9/98. I stopped receiving statements in 98, also. However, I made over $600.00 in payments until 7/00 that are not shown in the balance they say I owe. I never received letters from lawyers or collections. I recently received "statement of claim" from a lawyer. How do I handle this. I owe money, but not the amount they say.

Last edited by lcaduer; 12-27-2001 at 11:56 AM.
  #2  
Old 12-28-2001, 12:19 PM
bbauer
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Can you prove it?


[quote]I have a cc debt last reported on my credit report 9/98.[quote] Ok, but what was your actual DLA or date of last activity meaning when did you actually default on the card?
Quote:
I stopped receiving statements in 98, also.
That really doesn't mean much.
Quote:
However, I made over $600.00 in payments until 7/00 that are not shown in the balance they say I owe.
Can you prove that?
Quote:
I recently received "statement of claim" from a lawyer. How do I handle this.
You need to get a reply back to that lawyer within 30 days after it's receipt by you in order to preserve your rights under FDCPA. You will need to send that letter by Certified Return Receipt letter so you can prove that you did comply with the 30 day FDCPA rule and you may need to prove what was actually in that letter in case the attorney wants to "get funny" with you in court. Very few do, but an ounce of prevention is worth a pound of cure.
Quote:
I owe money, but not the amount they say.
You might have to prove what you actually do owe if you want to fight about it. You would have to have receipts or bank statements or something to back up what you say. There is an awful lot to be discussed here so I'd really rather take it up with you in private email rather than post it all on the board. For instance, what did the letter actually say word for word? Did it carry the federally mandated mini-miranda statements and did the attorney make any other statements contrary to the mini-miranda or which might tend to obfuscate or negate the effects of the mini-miranda statement. Email me and I'll try to help you out.

[email]ceo@creditwrench.com[/email]
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