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Sunruner

Junior Member
What is the name of your state? New Jersey

Alright, I posted previously about an attorney who called my parents house, got an attitude with my brother who took their information and called me with it. I called the attorney office and she immediately got an attitude with me. They refuse to accept payments, only the full amount. She threatened to charge me with fraud because I applied for this card without knowing that I wouldn't have a job several years later. She threatened to go after my parents because "They're obviously hiding assets for you." Refused to take my parents information off their file even tho I told them I wasn't living there (I live in a completely different state) and she said that she'd be calling them. In the end, they refused to speak to me on the phone when I asked for their mailing address saying that I would be receiving a court summons the next day and that all information I need would be in the summons. (Note that the summons was never received.)

Now I've received a letter from them. It appears to be a run of the mill collection letter. At the bottom it states "Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days of receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such a judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of original creditor, if different from the current creditor."

I've heard if you send a letter requesting validation, sometimes they will just get ticked off and go after a judgement against you. I don't want a judgement but so far everytime I've spoken to them, they refuse to take payments. (even tho this letter says "send a check for the full amount with certified funds or call this office to make an acceptable payment arrangement.") All they seem to want to do is threaten me with legal action.

I am currently unemployed. I have $5 in my bank account. I drive an old van that has a salvage title. I rent the house I'm in. I have nothing for them.

Help?
Kristina
 


Anisah_H

Member
How old is this credit card debt? The statute of limitations may have expired on it. I believe it is 6 years for credit card debt in NJ.

Second, don't listen to anything they have to say! You can stop them from calling you and your family. This site has great info:

http://www.fair-debt-collection.com/searches/stop-collection-calls.html

Here is info from this site on this page: http://www.fair-debt-collection.com/Disputing_Collections/stop-calling-letter.html

"Use this FREE "Stop Collectors From Calling Letter" when your are not sure if the debt is valid or the debt's statute of limitation has expired. This free debt collection letter will cease and desist (stop) the annoying bill collectors from calling you at home and work. ...The FDCPA requires collectors, upon receipt of your dispute letter or stop calling letter, to suspend collection efforts and to cease all contact with you until they comply with section 809 - validation of debts. "

Bill collectors who continue to demand payment without validating the debt are violating the FDCPA and can (and should) be sued. In order to prove your case, record all phone calls, (tell the caller you are taping the call) and keep everything the collector sends you. "

So send them a do-not call letter, and if they call you or your family again, record the call if you can, otherwise keep notes of when they call. You can sue them for $1,000 each additional time they call after you send the letter (I believe they can call you once after receiving the letter to inform you of what they are going to do, but after that, they cannot call you or your family).

Anisah, also in NJ
 

Sunruner

Junior Member
My parents didn't give my number out but either they traced when I called before or found it out another way because they called here at 8:50am this morning. Even tho this phone is NOT mine, and I told the lady the phone isn't mine. She stated in the message that she left that she was calling for my attorney's name and that there is court action pending. *sigh*

Kristina
 

Ladynred

Senior Member
Lenahan right ?? They are huge crooks and they think the laws don't apply to them. You found the low-down on this rent-a-lawyer collection agency, use it. They can NOT talk to your parents about YOUR debts, they can call ONCE to get location information and that's ALL.

You need to send them a cease and desist that says they are not to contact anyone but you and that that contact must be my mail only. Then demand validation. Go to www.creditinfocenter.com for more info and sample letters on validation.

Those rent-a-lawyers violate the FDCPA with abandon.. file a complaint with the FTC !
 

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