Don't want to give a collection agency any info. Need to reply to their lawyer.

[HawaiiThad]

What is the name of your state (only U.S. law)? Hawaii

I got a letter form a lawyer representing my homeowners association because they do not feel that my yard meets their standards. Near the end of their letter, in bold, it states:

THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED AS A RESULT OF OR IN CONNECTION WITH THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE.

It also states:

UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THAT THE DEBT IS VALID.

I do not want to give information to any collection agency, since they are clearly working against me, not for me. They flat-out state that they will use any information they can against me. How do I go about telling them (and my homeowners association) that I will not communicate with the lawyer or anyone at the collection agency for the reason stated. I am on good speaking terms with the board of directors. I regularly attend their monthly meetings. We speak and it is not adversarial. I want to resolve our dispute. I am happy to discuss it with them but not with the collection agency. I don't want to go to court. I plan to discuss this with the board at their next meeting next week. Any advice is appreciated.

 

[xylene]

Dude, they are putting you in collections.

You are NOT on good terms with them.

 

[adjusterjack]

I plan to discuss this with the board at their next meeting next week.

Here's what the boardmembers will tell you next week.

"Sorry, Thad, it's out of our hands now."

 

[jwrightis]

What is the name of your state (only U.S. law)? Hawaii

I got a letter form a lawyer representing my homeowners association because they do not feel that my yard meets their standards. Near the end of their letter, in bold, it states:

THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED AS A RESULT OF OR IN CONNECTION WITH THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE.

It also states:

UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THAT THE DEBT IS VALID.

I do not want to give information to any collection agency, since they are clearly working against me, not for me. They flat-out state that they will use any information they can against me. How do I go about telling them (and my homeowners association) that I will not communicate with the lawyer or anyone at the collection agency for the reason stated. I am on good speaking terms with the board of directors. I regularly attend their monthly meetings. We speak and it is not adversarial. I want to resolve our dispute. I am happy to discuss it with them but not with the collection agency. I don't want to go to court. I plan to discuss this with the board at their next meeting next week. Any advice is appreciated.

That is a standard collections notice. They are just saying they want you to contact them so they can bully you into paying. I'm not the best advice giver on how to NOT get into debt, I'm an advice giver on how to get into debt. But one thing I do know, is collection agencies and collection notices, I have about 25 on my desk right now. Don't respond. Unless you plan on paying it, ignore it. Do not answer their phone calls, tell them wrong number if you do or just hang up. If you plan on paying it, call them and tell them you've had a run of bad luck, and you'd like a payment plan and see if you can settle it for less. This may be a collection firm who is owned or employs lawyers. But the ONLY notice you should care about is the one that a Sheriff or person of the court brings to your house, and has you sign that you received it. THAT is when you MUST talk to a lawyer, because that is when they have filed a suit. This letter, wipe your butt with it. And if you get that letter (summons) before you ever talk to their lawyer, go find you one that day, and ask them what to do first. You might have to take a bankruptcy.


Or, just to be annoying, you could call them and say "I received a notice, but I don't know what it is about. I don't believe this is a valid debt and I am asking you your address so I can formally request documentation of the accounting of this specific debt in which you say I owe.". Then get the address, don't admit you owe it, deny deny deny, then write them a letter asking for proof of the debt that they say you owe. Then, in the letter, ask that they only contact you by mail, no phone calls to you or your place of employment. And....that will make them have to put their collection efforts on hold (often times they are slow anyway) and some low life bottom feeder who works there will have to scrounge around to prepare those documents for you, and they will have to deal with the fact they can't call you at all, ever. Until they sell it.....then you'll have to do it again with the next company.

I would be more concerned that the HOA would sell your house out from under you. Mine can do that, actually if I don't pay them. But, I can discharge my HOA dues in my bankruptcy since I'm letting my house go in the bankruptcy anyway. You might not want to do that. If you want to continue to live in your house, and you don't want to get sued, pay them. HOA's sue, a lot.

 

[Zigner]

What is the name of your state (only U.S. law)? Hawaii

I got a letter form a lawyer representing my homeowners association because they do not feel that my yard meets their standards. Near the end of their letter, in bold, it states:

THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED AS A RESULT OF OR IN CONNECTION WITH THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE.

It also states:

UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THAT THE DEBT IS VALID.

I do not want to give information to any collection agency, since they are clearly working against me, not for me. They flat-out state that they will use any information they can against me. How do I go about telling them (and my homeowners association) that I will not communicate with the lawyer or anyone at the collection agency for the reason stated. I am on good speaking terms with the board of directors. I regularly attend their monthly meetings. We speak and it is not adversarial. I want to resolve our dispute. I am happy to discuss it with them but not with the collection agency. I don't want to go to court. I plan to discuss this with the board at their next meeting next week. Any advice is appreciated.

Are you being asked to pay money? If not, then it sounds like that information is automatically inserted in to all of their correspondence. Think about it...it doesn't hurt them to have it in there when it's not applicable, but it can really hurt them if they don't have it when it is applicable.

 

[TimStudiesLaw]

That clause on the validation notice does not mean you have 30 days to pay, it means you have 30 days to DISPUTE. The agency believes you owe it unless you can prove otherwise. (They believe their clients, not their clients' debtors.) They can send a validation notice and file suit immediately without giving you so much as a phone call.

They already know your name, and your address, and how much you owe. That's all they need to sue. Generally speaking, a cease communications letter will likely be responded to with a summons.

 

[jwrightis]

They said their yard isn't following the guidelines. Just find out what those are and fix it. HOA's will sue but they will fine people first. They don't just see a yard not to their community standard and Sue. My HOA will sue by just foreclosing on your home.

 

[FlyingRon]

The 30 days is not a stay on them proceeding. They're only stayed between the time you file the dispute with them and the time they send you the validation.