Help. Problem attorney collecting credit card debt

[Sunruner]

What is the name of your state? New Jersey

Ok, my brother called me this morning. An attorney called my parents house looking for an address to send me some court documents. He refused to give my address and said he'd have me call them instead. I called them and spoke to the lady. I didn't even know who she represented. She still didn't say specifically who she represented but what the debt was from. So I don't know if she's representing the original creditor or a collection company. I do know this debt has been sent to a collection agency already tho. I do not work. I stay at home with my kids and live with a friend who is kind enough to support me while I look for work. I gave the lady my address but told her I do not have a phone number.

She has two addresses. One is my parents address. Both addresses are in North Carolina. I advised her neither of those addresses will reach me and gave her again my address. She said that she'd send the papers to ALL THREE addresses. I told her I didn't have a phone number and advised her to contact me by mail if she needs to contact me. She said she'd just call my parents house if she needs to contact me. She said she'd call my parents next week to get the name of my attorney. I have no income, I'm not getting an attorney. I have two beaten up cars (less than $5k total added together) and $5 in my bank account.

Now, I have two questions. 1. Should I just ignore this all together? I don't argue that I owe the debt... altho the debt has increased by more than double at this point due to interest and "fees." I just don't have the money to pay them. I lost my job back in 2001 and after being on unemployment for a while I was unable to find work. I've had another child since then and can't find a job that will pay enough to allow me to put my kids in daycare while I work. 2. Is there any steps I can take to block them from contacting my parents house? Or if she does call them next week, are there any steps I can take then? This woman was a total witch and basically accused me of fraud and threatened to summon my parents to see if they're hiding anything for me etc. I haven't lived with my parents in 10 years!! Give me a break! Shoot, I still owe my parents almost $5k geez.

Help?
Kristina

[cmorris]

Originally Posted by Sunruner

What is the name of your state? New Jersey

1. Should I just ignore this all together? I don't argue that I owe the debt... altho the debt has increased by more than double at this point due to interest and "fees."

**How much is the original debt? How much in fees and interest?

2. Is there any steps I can take to block them from contacting my parents house?

**Send a limited cease and desist letter stating to only contact you at this particular address only. Send it certified mail, return receipt requested.

Also, how old is this debt and what is it for?

[Sunruner]

The debt is for a credit card I got back in 1998 or 1999. I believe the last activity was in late 2000/early 2001. I can't remember, there was a LOT of mess going on around that time.

The original debt, I believe, is like $1300-1500... the total debt is $2600.

There's also the question of jurisidiction and notification... Do they file for the judgement based on where I was when I got the card or where I live now? (two different states) and is there a requirement for them to give me sufficient notification to respond?

any help you can give would be appreciated.
Kristina

[cmorris]

Originally Posted by Sunruner

The debt is for a credit card I got back in 1998 or 1999. I believe the last activity was in late 2000/early 2001. I can't remember, there was a LOT of mess going on around that time.

**The statute of limitations is 6 years in NJ. It is still within SOL.

The original debt, I believe, is like $1300-1500... the total debt is $2600.

There's also the question of jurisidiction and notification... Do they file for the judgement based on where I was when I got the card or where I live now? (two different states) and is there a requirement for them to give me sufficient notification to respond?

**They can sue in your current state OR the state where you defaulted on the credit card. They will usually sue based on which state has a longer statute of limitations. Yes, you will have time to respond, or you have grounds to have a judgment vacated.

any help you can give would be appreciated.
Kristina

You can see if they will do a payment plan or negotiate the amount (you usually have to pay the negotiated amount in full).

You could also send a debt validation letter requesting proper validation as per the Fair Debt Collection Practices Act. Since the debt is within SOL, you have to decide whether or not this is appropriate; they may sue. But if they can't provide validation that you do in fact owe the debt and that amount, they cannot continue to collect or report this debt to the credit bureaus (unless as disputed).

I highly recommend you visit [URL=http://www.creditboards.com]creditboards.com[/URL].

[Sunruner]

*laugh* Well, I got the card while living in North Carolina... depending on when I defaulted I may have been in California or North Carolina. The card was already gone into collections long before I moved to New Jersey. Does this effect where they can file at all?

Also, if I send a validation letter, they can sue?? Or can they just sue period and the validation letter doesn't change that? I'm a bit confused there.

Kristina

[cmorris]

Originally Posted by Sunruner

*laugh* Well, I got the card while living in North Carolina... depending on when I defaulted I may have been in California or North Carolina. The card was already gone into collections long before I moved to New Jersey. Does this effect where they can file at all?

**NJ, where you currently live, has the longest statute of limitations. They would likely sue there.

Also, if I send a validation letter, they can sue?? Or can they just sue period and the validation letter doesn't change that? I'm a bit confused there.

Kristina

They could sue anytime, regardless of whether or not you send the validation letter. But I have read that sometimes a CA gets irritated with a validation request and sues. If you did send a validation letter and got sued before validation was provided, you could bring that to the attention of the judge. It doesn't look very favorable at that point and the judge might make them provide proper validation before making a ruling or dismiss it.

You could make payment arrangements (payment plan or settlement), send a validation letter and hope they don't have it, or try to wait for the statute of limitations to run out.

[Sunruner]

Well, the reason this has come up now is that it looks like they're already persuing a judgment.

Another issue. The lady at the attorney's office is a total witch. Do I just attempt to make an agreement with the collection agency it's been referred to? Or the original creditor. The reason I ask is because the way the attorney's office worded it, I'm not sure if she works for the CA or the OC. And I REFUSE to work with that lady. She was rude to my brother when she called my parents house and she hung up on me when I was telling her to contact me by mail only and not to attempt to call my parents house again.

Kristina

[cmorris]

The original creditor likely sold the debt, so they are probably not going to work with you. But it can't hurt to try.

Do not deal with the CA on the phone. Always do everything by mail, certified mail return receipt. You build a paper trail that way. Telling them verbally not to call or to only use this address is like talking to a tree. The Fair Debt Collection Practices Act specifies it must be in writing.

If you do not have a name or address, try to use the phone number at the Better Business Bureau or reverse directory to look it up.

[Sunruner]

Ok, I attempted to look them up using their telephone number and the name that the recording says when you call. No luck on either one. I called them and request a mailing address. They refused to give me one. Got an attitude and said that I'd be receiving the summons tomorrow and would have all the information I need in the summons. Refused to tell me if they were sending it to my parents or what address they were sending it to. I'm also not sure they could get the paperwork they'd need together if they were filing in New Jersey as they just found out I was in NJ this morning, so I guess they filed in North Carolina? They aren't giving me the name of who hired them. They won't give me their mailing address. They refuse to stop contacting my parents where I no longer live. I have received no bills on this in years. My parents haven't received any bills for this either. I have no income, no savings, and no property. Why are they persuing a judgment... I have nothing for them to get!! Can someone PLEASE explain this to me and explain what my options are at this point? As it seems I don't have a lot of time here and can't send anything for validation or a cease and desist at this point because they've already started the ball rolling if they are to be believed.

[cmorris]

Try searching for the company through the Better Business Bureau's site ([url]www.bbb.org[/url]) or through a reverse directory. Or you can post the number and see if someone recognizes it.

[Sunruner]

Update. They were supposedly going to serve me with this "summons" yesterday. On Thursday night, they were adamant that I'd receive it on Friday and that would be that. I didn't receive anything from anyone at home and I was home all day. (I don't work so they would only serve me at my house.) If they tried at my parents house, they came while they were at work. So I'm thinking the company was blowing smoke. The recording when I call says they are GOV Law Offices. Their number is 800-558-3661. They refuse to give me any information when I call about who they are. I've searched the BBB sight as well as I've been able to figure out and nothing. I've done every reverse lookup website I can find and nothing. I'm thinking they are one of those groups who approach CA's and get the accounts they've pretty much given up on. They call and threaten and brow beat and whatever they can to get folks to pay up. If the person doesn't pay up, they just move on to the easier marks. They know they are breaking laws about debt collection so they don't want to give any information. I'll be shocked if I hear from them again, personally.
Kristina

[cmorris]

Another option: Pull all three of your credit reports (not a trimerge) from each individual credit reporting agency (Equifax, TransUnion, and Experian) for about $9/each. IF this CA is on there, it will give an address.

I also did a short search and came up with nothing. Many CA's lie and tell consumers crap to scare them into paying. Congrats for not falling for it.