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#1
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Can A CA turn over a debt to another CA before validatingWhat is the name of your state? PA I have been dealing with a CA for the last couple of months, by telephone, Capital Management Services. They called me out of the blue, about an old debt from a Fleet credit card. They would call me several times a week, trying to get me to make arrangements to pay it off. I am currently unemployed and have no assests to speak of. I told them this and finally starting looking them up on the internet. I did send them a letter requesting that they cease communication and also validate the debt. The next thing I know, they sent me a letter stating that they had turned over the account to LVNV Funding. Shortly after I got this letter, I got a phone call from National Action Financial Services saying that they were representing Resurgent Capital in collection of this debt. I told them that I have no money and no way to pay them. They hung up on me. The next day I received a letter stating that they were representing LVNV Funding and had the statement on the bottom about having 30 days to dispute this debt. Today, 4 days after I received the letter, I got a phone call from NAFS, wanting to know if I planned on taking care of this debt, otherwise they would turn it over to their attorneys and sue me. There is also a question about the SOL on this debt. I know that it has passed the 4 years for any type of legal action, but Capital Management states that I sent them a payment back in 2003 for 300 dollars. I know this is untrue, because I was barely able to pay my rent and utilities. There was no way I had that amount of money to send to them and I wasn"t even aware of them at that time. My question is how can I get validation on this debt if when I ask for it, the account gets turned over to another company? Also don't they have to give me the 30 days to dispute the debt, before they attempt to sue me. Any help would be appreciated. |
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#2
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| Ok, lets untangle the collection companies here. LVNV Funding is/was Sherman Acquisitions, they are a junk debt buyer. Resurgent Capital, formerly Alegis, is a sister company of LVNV and a collection agency arm of the same company. LVNV has farmed out the collection, apparently, to NAFS to harrass you, LVNV has not sold the account.. not yet. Do NOT fall for NAFS's LIE about a 'mystery' $300 payment, it's a TRICK to try to get you to pay them and thereby restart the expired SOL - which is 4 years in PA. If you are 100% certain you did NOT make any payments in more than 4 years, just send LVNV, Resurgent and NAFS a cease and desist letter telling them to pound sand, the debt is time-barred per PA statutes. Send the letters certified, RRR and keep copies of everything. Check your credit reports too.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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