Debt Collector Lawsuit threat and standing

[soccercoach1976]

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

We received a letter from an attorney claiming to be a debt collector. They have made no attempt to collect the debt except for three letters threatening a lawsuit. I requested various information from them which they complied with asking for chain of custody of the debt..amount owed..last payment and card agreement...The documents they sent show that calvary purchased the debt in June 2016. Nowhere does it show the law firm as owning the debt. I believe Calvary still owns the debt..but until todays letter they never mentioned calvary and it nowhere says they are representing calvary. Also they sent the last statements from citibank on this debt from 2011 and show a payment in 2011. On a page marked schedule A the say I made a payment in mar 2014. I don't think I made this payment and why would they send a 2011 statement and not proof of the 2014 payment. If there is no payment in 2014 then this debt is passed the SOL for California. How should I proceed? Can I ask them to clarify whether the law group or calvary owns the debt? Are the representing calvary? Can ask them for proof of my payment made in 2014? My online banking for to 2015 so I will have to dig to see if a payment was made..but they did give me the date but no amount on that payment...Please help as I dont want this going to court but I will not allow a default judgement and I will show up if necessary..Thanks

 

[quincy]

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

We received a letter from an attorney claiming to be a debt collector. They have made no attempt to collect the debt except for three letters threatening a lawsuit. I requested various information from them which they complied with asking for chain of custody of the debt..amount owed..last payment and card agreement...The documents they sent show that calvary purchased the debt in June 2016. Nowhere does it show the law firm as owning the debt. I believe Calvary still owns the debt..but until todays letter they never mentioned calvary and it nowhere says they are representing calvary. Also they sent the last statements from citibank on this debt from 2011 and show a payment in 2011. On a page marked schedule A the say I made a payment in mar 2014. I don't think I made this payment and why would they send a 2011 statement and not proof of the 2014 payment. If there is no payment in 2014 then this debt is passed the SOL for California. How should I proceed? Can I ask them to clarify whether the law group or calvary owns the debt? Are the representing calvary? Can ask them for proof of my payment made in 2014? My online banking for to 2015 so I will have to dig to see if a payment was made..but they did give me the date but no amount on that payment...Please help as I dont want this going to court but I will not allow a default judgement and I will show up if necessary..Thanks

Have you checked your credit reports to see if the debt is being reported by the debt collection agency?

 

[soccercoach1976]

Have you checked your credit reports to see if the debt is being reported by the debt collection agency?

It shows up in my last ran report in Jan 2017 as calvary protfolio services...says original creditor: citibank says open acct jun 2016 does not list last payment...

 

[adjusterjack]

It shows up in my last ran report in Jan 2017 as calvary protfolio services...says original creditor: citibank says open acct jun 2016 does not list last payment...

Until you actually get served with a lawsuit the collection agency doesn't have to "prove" anything and anything you think they are doing wrong is irrelevant until the lawsuit starts unless you want to sue them for a violation of the FDCPA.

So far, I don't see anything to suggest that they are violating it.

You are free to send a cease and desist letter which should get them off your back but could precipitate a lawsuit at which time you will have the opportunity to obtain their documents during discovery and defend yourself.

 

[soccercoach1976]

Until you actually get served with a lawsuit the collection agency doesn't have to "prove" anything and anything you think they are doing wrong is irrelevant until the lawsuit starts unless you want to sue them for a violation of the FDCPA.

So far, I don't see anything to suggest that they are violating it.

You are free to send a cease and desist letter which should get them off your back but could precipitate a lawsuit at which time you will have the opportunity to obtain their documents during discovery and defend yourself.

They claimed on a schedule A sheet they sent I made a payment on mar 4 2014...I have my statements from the bank and I made no such payment at all. The last payment I have record of is in 2012 which puts this outside the SOL. Do I let them know I didnt make a payment or let them try and prove something they can't in court. Do I file a counter since they now have violated FDCPA?

 

[adjusterjack]

They claimed on a schedule A sheet they sent I made a payment on mar 4 2014...I have my statements from the bank and I made no such payment at all. The last payment I have record of is in 2012 which puts this outside the SOL. Do I let them know I didnt make a payment

Couldn't hurt.

or let them try and prove something they can't in court.

Up to you.

Though it's often better to avoid getting sued, especially if you know you owe the money.

Do I file a counter since they now have violated FDCPA?

I don't know what you mean by "file a counter" and how, exactly, have they violated the FDCPA.

 

[soccercoach1976]

Couldn't hurt.



Up to you.

Though it's often better to avoid getting sued, especially if you know you owe the money.



I don't know what you mean by "file a counter" and how, exactly, have they violated the FDCPA.

My understand is if they file a case and the debt is outside the Statute of limitations I could counter sue based on violation of the FDCPA.

 

[adjusterjack]

My understand is if they file a case and the debt is outside the Statute of limitations I could counter sue based on violation of the FDCPA.

The statute of limitations has to be raised as an affirmative defense so filing a lawsuit that is later ruled to be time barred is not a violation of the FDCPA.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

But you can counter sue for any actual violations of the FDCPA.

 

[Zigner]

They claimed on a schedule A sheet they sent I made a payment on mar 4 2014...I have my statements from the bank and I made no such payment at all. The last payment I have record of is in 2012 which puts this outside the SOL. Do I let them know I didnt make a payment or let them try and prove something they can't in court. Do I file a counter since they now have violated FDCPA?

If you sent a money order,it wouldn't show up on your bank statement...just saying'