Suing timeline? Anybody been sued by collection agency with a local lawyer?

[upontheventura]

What is the name of your state? NH
Hey guys i have posted at the Chapter 7 forum a few times lately-
Just curious~
I recieved the letter from a local attorney hired by the 2 nd collection agency to buy this 8000.00 account
Said" We have been RETAINED by such and such to collect, ect, ect... then says You have30 days to ask for validation.. this is a letter from a debt collector...
Anyway- Should i request validation NOW, before they sue? Or will that make them angry and will push the lawsuit ahead quicker. I am frankly scared to death of bankruptcy primarily because i just got a new apt and i am afraid of my landlord finding out- i read the horror stories about the trustee wanting rent or something like that? Would he/she call my landlord?
Anyway- Is there a shot that this company would hire a lawyer just to scare me ? I doubt this. Should i request validation now? I have two weeks left to answer. Lawyer does not have my physical address/work address- how easy is it for them to find? I work in a different state from where i live, and in a different town from the PO Box address that they have.... Any advice would be GREAT~!

 

[Tayla]

The letter that was sent to you is a standard letter by a collections agency.
What needs clarified is: What type of debt is this for? A credit card? A secured loan? When was the last time you even made a payment on it?
Definitely request full disclosure during th validation process. Inform them in the letter they may only contact you via written means. No phone, telegraph, tin cans, cell phones,smoke signals, trick mirrors or voodoo dolls are allowed to contact with you. (okay the last parts a bit silly but you wouldnt beleive the tricks these collectors will use to get you to pay up on a dead debt!)

1.Communicate all via certified letters .
2.save all documentation for your records.
3. Never give out bank account information, or place of employment.
4. Do not negotiate on repayment til you are clear that you owe the debt and its within the collection time frame. ( see below).

New Hampshire's SOL for credit cards, written and oral agreements is 3 years. Promissory is six years.

 

[upontheventura]

Well the letter WAS from a lawyer- they even have a website-they are a real law firm. They were hired by the collection agency - "retained" per the letter..
It is an old Providian account
Last payment was May of 02.
The letter even offered to validate the debt- i am assuming they DO have paperwork. Do I call their bluff and ask for validation now? Do i not respond at all- and just check my courts for lawsuits? They do not have my work address- although i am sure they can get it, skip trace? They do not haver my physical address, just my Mailbox ect Mailbox.... I dont know what to do next. And the BK trustee wanting my security depost scares me-

 

[Tayla]

Maybe it would help if you knew that: YOU have the right to request validation. Its irrelevant what you assume may or may not be in their possesesion. Get the proof by written request. Follow the rest of the tips listed previously.

Not sure what the BK has to do with this matter.

The lawyer still must follow the guidelines of the FDCPA since he is a debt collector.

Here is a link to send you into the wonderful world of insight and knowledge on debt regulations, letters and tips ! www.creditinfocenter.com

Above all seek legal advise once you do have the validation proof.

 

[Not this Time]

Hang In There

Everyone Just Stop !.... First of all. We all have the right to request the vailidation of a debt that a creditor is making claim that we owe.. Ok, we say prove it.. Here you go.. go to www.FTC.gov (or org or com. it's late and Im tired) I think there is a link to click on for "Fair Credit" or look for this, this is what you are looking for and you can find this anywhere you do a search:

FDCPA Section 809. Validation of debts[15 USC 1692g] That is the section that you want for this and then go search for a Validation Letter, make sure that it states the above section of the law, the 30 days they have to respond and that you want copies of documents, statements, applications, and anything with your signature in connection to the account number, do the certified mail and keep every, every, everything. If the original creditor has their name on your credit report, send it to both. At that point (by law, yeah right) they are to stop contacting you and they also are obligated to inform the CRAgencies.. They won't and they will tell you that they don't have to validate. Well if they cannot get it in writing, contact the Attorney General, BBB maybe the OCC if it is bank or a bank owns the credit card company.. you might get your copies. I started in April 2004 on this and I got it last week with the help from the things listed. All I can say is " Now I know why they didn't want to send this" I can not say anything else at this point, when I can, I will !! Stay posted.. I think that one of these companies that is always listed around here is going to have some ANSWERING to due... and will help alot !!!! of people. take care, good luck

 

[cmorris]

When you send the letters certified, also make sure it is return receipt requested. This way you know they received it.

And when you request validation, know that a computer printout is not proper validation.

 

[Ladynred]

Hang on there...

Section 809 of the FDCPA - Validation of debts - does NOT say ANYTHING about a time limit for the collector to respond !!! In fact, it does not say they EVER HAVE to validate. What it does say is that if you request validation they must cease all collection activity until they DO validate. They can just as easily wash their hands of it and sell it to another CA, just as long as THEY don't continue collection.

Ventura - I think you need to stop wigging out and worrying about what your landlord will think !! A bankruptcy is PUBLIC RECORD, and some newspapers publish filings in the local papers !! Get over it - nobody cares and its NONE of their business. You also need to stop inventing stress about things like your security deposit and rent until you speak to a lawyer, there is NO OTHER WAY for you to find out what the EXACT answer is without a NH BK lawyer.

FYI, this is in the NOLO book regarding leases:

Its up to the Trustee to decide wither an executory contract or unexpired lease should be continued in force or termintated (rejected). But don't worry about the trustee terminating your residential lease or car lease against your will.

Theis provision of the Bankruptcy Code is primarily intended for business bankruptcies. .... This doesn't mean it has no application in consumer cases, but the power to terminate a lease is rarely invoked by a trustee in a consumer case.

If a lease or contract will produce assets for the creditors, the trustee is likely to terminate it. As a general rule, people filing Chapter 7 bankruptcies are not parties to leases or contracts that would likley add value to their bankruptcy estates. If the trustee could sell a lease to someone else for profit (because you're paying under market rent, for example), the trustee might terminate the lease and sell it. But this is highly unusual. A trustee doesn't look for ways to put you on the street or penalize you for getting a great rent deal.

Chill man... chill... talk to a lawyer.

 

[kopes]

I agree with Lady. You need to quit worrying about your landlord and the trustee wanting your rent. I just filed BK and that is something I never worried about. In fact, my landlord just got the notice of bankruptcy. He came over to tell me that the deck will be painted and did not say one word about the BK. Why should he? It is none of his business as long as I pay the rent on time. Your landlord isn't going to do anything if you file and the trustee won't make you homeless for filing. Wouldn't filing for BK be better than the stress you are in right now?