UnderPar Posted January 20, 2003 Report Share Posted January 20, 2003 Have an attorney calling. I have asked for validation (past 30 day period). I have not received. I have asked who I owe $$ to (this is an old CC debt), they just say they represent a group of investors. Can they sue???If they validate, can they sue???Is not the original creditor, I thought only the OC could sue??Thanks Link to comment Share on other sites More sharing options...
admin Posted January 20, 2003 Report Share Posted January 20, 2003 Read the debt validation section, you should be able to sleep after this... Link to comment Share on other sites More sharing options...
UnderPar Posted January 20, 2003 Author Report Share Posted January 20, 2003 thanks admin. but if they come up with this validation, can the group of "investors" sue? if they do, what is the defense? Link to comment Share on other sites More sharing options...
admin Posted January 20, 2003 Report Share Posted January 20, 2003 They can't sue you if you requested debt validation and they did not comply. Basically, the defense is that you requested validation before they filed suit, and they failed to provide that validation. Under the FDCPA, this is consider continuation of debt collection activities before debt validation which is illegal.It's almost as good as a stay of execution. Link to comment Share on other sites More sharing options...
UnderPar Posted January 21, 2003 Author Report Share Posted January 21, 2003 Admin-If they do validate, can this group of "investors" sue??? I am still waiting on validation, just want to know what to expect.Thanks for your insight!!!!! Link to comment Share on other sites More sharing options...
UnderPar Posted January 21, 2003 Author Report Share Posted January 21, 2003 Any thoughts yet??? Link to comment Share on other sites More sharing options...
admin Posted January 21, 2003 Report Share Posted January 21, 2003 Yes, if they validate, then they can sue. However, this is really more unlikely than you might think. Link to comment Share on other sites More sharing options...
alaskan Posted January 21, 2003 Report Share Posted January 21, 2003 If they do properly validate they can sue you, but don't let that scare you. Debt settlement comes after validation if (big if)they do provide it you can ask for better terms than their offering. Somethings you need to check is the SOL. Saying that he represents a group of investors sounds kinda weird, you need to find out who. How much money are they asking for?Opps, I got called to breakfast before I finished the reply, but ya can't say no to breakfast.[Edit by alaskan on Tuesday, January 21, 2003 @ 10:39 AM] Link to comment Share on other sites More sharing options...
UnderPar Posted January 21, 2003 Author Report Share Posted January 21, 2003 Attorney just left another threating message. Still waiting on validatation and still waiting on who the "investors" are. Should I call back?? Should I just wait?? OR should I file a complaint for continuing collections without providing validatation.By the way, I think I already have them on 2 violations. They have spoken to a relative on my wife's side of the family (twice), not to confirm my address or phone number, but to leave messages for me to call!What does anyone suggest?????? Link to comment Share on other sites More sharing options...
alaskan Posted January 21, 2003 Report Share Posted January 21, 2003 UnderPar, check out this site http://www.pennlawyer.com they even have a few actual calls that were recorded. The info you need is under 'Creditor Harassment'.Don't call the attorney. Instead send the attorney a C&D letter asap CMRR. You should'nt be abused just because they say you them money or even if they have a court order they can't do that.If you can give us a good timeline we can better help you. [Edit by alaskan on Tuesday, January 21, 2003 @ 02:33 PM] Link to comment Share on other sites More sharing options...
UnderPar Posted January 21, 2003 Author Report Share Posted January 21, 2003 Thanks, no court date yet, haven't been served. I just keep telling myself, If they have an open and closed case, why are they continuing to harrass me???? We'll see. Link to comment Share on other sites More sharing options...
UnderPar Posted January 22, 2003 Author Report Share Posted January 22, 2003 bump Link to comment Share on other sites More sharing options...
ghacorp Posted January 22, 2003 Report Share Posted January 22, 2003 Underpar,Debt collectors call friends, relatives and neighbors all the time these days and they get away with it! They can legally call them one time to leave a message for a return call, however my understanding is they cannot continue calling around the country leaving messages once they have located you. You can ignore those messages, and you may wish to consider sending the lawyer a C&D letter. Collectors know people get incensed and furious when they come home to terse messages and from relatives and employers inquiring as to what's going on and this often provokes people into paying and this is what they're counting on. New smart predicative dialing systems do the trick. Finally, don't let yourself get intimidated by a lawyer as judged by many I work with many are nothing more than hot air ballons! Link to comment Share on other sites More sharing options...
UnderPar Posted January 22, 2003 Author Report Share Posted January 22, 2003 If they are continuing to call when I have requested validation, isn't this a voilation?? Link to comment Share on other sites More sharing options...
alaskan Posted January 24, 2003 Report Share Posted January 24, 2003 More than likely they don't have proper validation, if they did they would just go and take you to court for the amount due plus court costs. As it is they are just trying to pressure you into paying.I'm not to sure about them calling after the 30 day period, but if you send them a C&D letter and they call you can sue. I would get serious with them about validation. [Edit by alaskan on Thursday, January 23, 2003 @ 09:45 PM] Link to comment Share on other sites More sharing options...
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