| |  |
| Home | Law Advice | Insurance Advice | Community |
| |
| ||||||||||||
| |||||||||||||
| | |||||||||||||
| |||||||
| | |
 |
| | LinkBack | Thread Tools | Rate Thread | Display Modes |
|
#1
07-10-2005, 04:50 PM
| |||
| |||
 Thought debt was settled!What is the name of your state? AK I am being sued by a lawyer who claims to represent B of A. I sent B of A a settlement offer, certified so I know they received it. Enclosed a check, stating cashing constituted acceptance of the offer. I have made all monthly payments as per the original settlement offer. The lawsuit hasn't been dropped. What now?? |
|
#2
07-10-2005, 09:06 PM
| |||
| |||
Some things to doSome clarification needed. Did the lawyer actually say he/she was going to sue (if so this is violation of the FDCPA).?Second did the lawyer say he/she was attempting to collect a debt..yada, yada, yada. This is considered the "mini miranda" statement and must be included in the letter. Did you send a Debt Validation letter to the lawyer via certified mail return receipt requested? Have you contacted BofA directly via mail with a copy of the lawyer's letter via CMRRR asking "What the heck is this?" KiBe66 (WA State)  |
|
#3
07-10-2005, 09:29 PM
| |||
| |||
| Actually, saying that they are going to sue is only against the FDCPA if it is an empty threat. If they are actually planning on seeking a judgment, they can state this as a fact.
__________________ I've no time for broads who want to rule the world alone. Without men, who'd do up the zipper on the back of your dress? - Bette Davis |
|
#4
07-11-2005, 10:56 AM
| |||
| |||
What Now?AK, The lawyer did say she was a debt collector and I made my original settlement offer to her. She claimed B of A wouldn't accept it. I then sent the same letter directly to them. They cashed my check and have continued to do so in the ensuing months. Every check is accompanied by a letter saying, Per our agreement here is the payment**************.What I want to know is if the settlement offer I made is legal since they did in fact cash my check. If so, what do I file with the court to get the lawsuit thrown out? |
|
#5
07-11-2005, 12:29 PM
| |||
| |||
| Your restrictive endorsement cannot override a valid and binding contract. Remember, for a contract to be legal, it must be accepted by both parties. Unless you received notice from BofA of acceptance of your offer, it was not accepted.
__________________ If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me. No private messages, I do not reply to them. |
|
#6
07-11-2005, 12:41 PM
| |||
| |||
| [quote=KiBe66]Some clarification needed. Did the lawyer actually say he/she was going to sue (if so this is violation of the FDCPA).? **A: not so. Please read the FDCPA. |
|
Linear Mode
