Threat to be sued by Trauner, Cohen, Thomas

[joeyb5980]

What is the name of your state? WV

Well, T, C, &T have called me again today, and since I haven't made any arrangements to pay anything on my Chase card with them since Sept. (when I was harrassed via telephone, violating the FDCPA majorly), they are going to sue. She says they can go to court in about 3 days, and have my wages garnished in about 10 days. The only way to prevent this is to set up a payment (from checking acct.) for $100 this month, $100 January, and then a settlement of 90% of the remaining balance in Feb. The balance right now is $2043, so the settlement in Feb. would be $1659. I should be able to pay this at the end of Feb. because of my income tax return. Question is...should I do this?? I know they are scumbags, but it seems like this is my best option right now. Thanks for any advice!!!!!

[ihatearizona]

Is it a collection agency that is calling you? If so, you should DV them right away. This will buy you at least some time as they cannot continue collection efforts until they have sent you validation on your debt.

[joeyb5980]

Yes Trauner, Cohen, & Thomas is just a collection agency with lawyers- they try to make you think they are just a law firm, but they are a collection agency. What is DV- debt validation? Sorry for my ignorance. I have received letters from them wanting to know my intentions of paying the debt, and stating they have been retained by Chase Bank to collect the amount. What do I need to do?? Call them back and tell them to send me debt validation including the original signed credit card agreement, and a payment history, etc? I tried this with another collection agency re: my discover card and they would just say the letter that they sent me was good enough, and if I wanted any more info, to just call Discover and ask :-( Thank you for the quick reply and for any more advice- it is appreciated! :-)

[ihatearizona]

Stay off the phone! Do EVERYTHING in writing.

Click on this link for info on debt validation: [url]http://www.creditinfocenter.com/rebuild/debt_validation.shtml[/url]

[joeyb5980]

Thanks for the advice- however, it has been longer than 30 days since they first contacted me, so do I still have a legal right to demand validation? Also, she has said if I don't set up payment arrangements by 9:00am tomorrow, they will proceed with the suit, and I will have to pay lawyer fees?? Should I fax a letter requesting debt validation to them so they get it immediately, or should I just mail it, and assume they are full of crap with their threat?? I also don't understand- Chase would sue me, not them right? I just want to avoid being sued, but don't want to be naieve and make a hasty regrettable decision....Thank you!

[ihatearizona]

You can request validation at any time.

If you're worried about their deadline then send it today using Express Mail. This will also get you the signature you're going to need.

Chances are this CA is just trying to scare you into paying. It's getting close to the end of the month and the employee is trying to make their quota.

[Ladynred]

They're blowing smoke out their butts with their stupid deadlines and threats of a lawsuit in 3 days ! Maybe they can FILE a suit in 3 days, provided they find a LOCAL lawyer to do their dirty work, but there's very little chance ANY case would get docketed so fast as to grant them a judgment and a garnishment in 10 days !! It just doesn't work that fast, they're full of crap. TC&T are a bunch of lowlife thugs who do a lot of arm-twisting and spewing illegal threats, don't cave into them.

DV them.. and that should buy you time until at least FEB .. of not beyond.

[joeyb5980]

Thank you for the advice- I certainly agree that they are scumbags- I have never been treated so rudely by anyone, as the jerks at TC&T. I am going to get them the DV letter out Monday, and not let their nasty threats scare me and ruin the holidays :-) Thanks again for your advice!