Scott Lowery Law Office

[nixxon]

What is the name of your state? Florida

I have been getting call after call from this company. I have asked them (in witting) to provide me with proof of the debt. They sent me the generic visa/mastercard agreement. They said they have proof but are unwilling to send it to me. What can I do? Do I have an options at all? They say I owe like $1000 but no card I have had has ever had that type of limit. I never except one over 500. Thanks!

[Debt Guy]

You don't have a lot of options to force them to prove anything until you are sued and you fight the suit and get discovery stage.

You can send them a letter to "cease and desist" and they must stop the phone calls.

This is dangerous because the only weapon they have left is to file suit. Do you really want to go down that path?

[nixxon]

No I don't want to sue them, however, they are telling me I have to pay for something that they cant prove I owe. It does not make any sense to me. Should I just ignore it until they sue me? Thanks!

[draygnmage]

You are forgetting interest and fees. A card with a $500 limit can reach $1,000 quite quickly. Do you have so many cards that you cannot look through your records and match the account number they are collecting on with a statement you might have received? And DG was saying that by sending them a cease and desist, you take away all options from them except to either close the file and send it somewhere else for collection or for THEM to sue YOU. Trust me, by the time it hits that stage, you're going to be looking down the barrel of a balance more in the $2,000 range. Do the research yourself. Find out if you had a card with that creditor and just pay them.

[LeeHarveyBlotto]

Originally Posted by Debt Guy

This is dangerous because the only weapon they have left is to file suit. Do you really want to go down that path?

If it isn't a legitimate debt, what else would the OP do?

[nixxon]

First, I have had only 3 credit cards in my life and none of them match that account. Only one of the 3 is active the rest are paid in full. Also that account is not on my credit report (if it was my card it would have been on there am I wrong?).

[Debt Guy]

If it isn't a legitimate debt, what else would the OP do?

Sending a C&D is sort of like poking them in the eye. It says "yeah, you got me but I dare you".

My advice is to just ignore it. When they call, just hang up. Don't engage in conversation. Or get an unlisted phone number. The OP still might get sued but the odds are reduced somewhat.

[JETX]

Originally Posted by Debt Guy

You can send them a letter to "cease and desist" and they must stop the phone calls.

Of course, that is NOT true.
Upon receipt of a cease and desist letter, the debt collector must cease ALL contact (not just phone).

Per the FDCPA:
15 USC 1692(c) Communication in connection with debt collection
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

This is dangerous because the only weapon they have left is to file suit. Do you really want to go down that path?

Again... not true. Based on the contents of the OP.... it is far more likely that this sleaze-ball debt collector will fold up their tent and go home.... or be subject to civil penalty if they proceed without validation.

[Debt Guy]

Jet! You're back. Where you been? I've really missed your anal-retentive "picking on" comments and helpful put-downs.

Of course, you are entirely correct. The FDCPA requires the CA to cease ALL contact (with the exception you so carefully noted in the cut and paste. I guess I just got lazy and mentioned only the phone calls since that is what stresses 99.999% of the debtors who post here. By the way, have you seen anyone complain about the letters they get from the CA lately?

Also, you are again correct that the collector might just fold their tent and walk away. I've seem lots of debtors sued in this same situation. Of all the things the creditor might do, it (suing) is the one choice that will cause the most intestinal gas for the OP since she/he does not have your level of professional knowledge and complete expertise in so many areas where so many are so deficient.

But, while we are being literal in all the choices the creditor has; there are several you neglected to mention. For example, they could say, "oh, darn" (individually or in unison). They might dance a rousing polka. Or, they could all go to lunch (Mexican or Italian?). Maybe they could clip their toenails. Go down and give blood, perhaps? These are all perfectly legal responses. In the spirit of full disclosure, the is not a fully comprehensive list. Would you like to add some others? You might start with picking nits that rise to the level of complete irrelevance.

Sometimes you remind me of that old story about the legal profession -- information that is entirely accurate and completely useless.

Welcome back.

[JETX]

Originally Posted by Debt Guy

Jet! You're back. Where you been? I've really missed your anal-retentive "picking on" comments and helpful put-downs.

And yep... I have missed your "Yep, I am ignorant and posted wrong crap...." and then IGNORE the fact that this is supposed to be a LEGAL advice forum.... meaning that hopefully the information that idiots like you provide be LEGALLY ACCURATE. Clearly, that is a new concept to you... and you would rather whine and cry when I, as usual, catch you being stupid.

[Debt Guy]

Now you have hurt my feelings.

I guess I'll just stick to being an idiot and post ignorant responses that actually help people. You can hang on to the useless but technically accurate whatever it is you offer.

You are a smart guy but you don't need to be a jerk all the time. People usually respect smart -- jerk, not so much.

By the way, you use that grin smiley -- -- is that your way of saying "just funnin' with ya" or does it mean something sinister?

[StephenH]

If you really did not have an account with that creditor, I would check a couple of things:

1) That the original creditor did not merge with the company that the debt collector is inquiring about. The amount of bank and mortgage company mergers over the last 15 years was a lot.

2) That you were not a victim of identity theft

3) That your phone number did not belong to the person whos debt was in default

[JETX]

Originally Posted by Debt Guy

By the way, you use that grin smiley -- -- is that your way of saying "just funnin' with ya" or does it mean something sinister?

No. I just figured you were too stupid to be able to read and understand text... so might be able to understand emoticons.

[nixxon]

Originally Posted by StephenH

If you really did not have an account with that creditor, I would check a couple of things:

1) That the original creditor did not merge with the company that the debt collector is inquiring about. The amount of bank and mortgage company mergers over the last 15 years was a lot.

2) That you were not a victim of identity theft

3) That your phone number did not belong to the person whos debt was in default

1.) They said that they were unable to give the that information at that time that I needed to wait 90days while they investigated the answer.

2) It is my Name ans SS# they have so I am assuming that they wanted me.

3) See answer one and two.

So, when I asked for written verification (in January and February which I notified them in writing as well) they sent the generic Visa/Master card agreement. when i asked them in July after receiving the lovely packed they said again that they needed 90 days.

So, My question is this, after requesting in writing that they provide proof and giving them 90 days to provide it. What point can I ask them to close my case and stop trying to sue me. If they had proof when why wont they send it to me? Why do I have to wait 90 days? Thanks you all are great!!!

[GulfBreeze]

Since this one is in FLORIDA (same state) I will jump in. Seems you will just get the same basic answer from some of these debt collectors that will tell you to "JUST PAY IT".

The problem I have with an answer like that is, this collector has not offered anything to the supposed person whom owes this debt. No evidence, no proof to support their claim. Chances are, they don't have anything. If they do, they will have to submit them when they file. In Florida, you have to attach these exhibits as evidence to support the claim, otherwise the claim will not be supported. Also, the defendant will be allowed to ask for discovery at some point. There is no mention of dates (probably because he is unable to recognize the debt). I would recommend just ignoring them. If it gets to the point where they start to annoy you or if they threaten you with lawsuit, do a C&D letter and save all letters or any type of communications fro possible violations that you might be able to counter-suit them. DON'T JUST PAY ON THIS DEBT. YOU HAVE RIGHTS.