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Hi a credit card account I have has been turned over to a law firm for collestions who is threatning to get a judgement. My question is which state law am I goverened by the state I live in (Texas) the state where the lawyers are (South Carolina) or the state I lived in when I opened the account (Alabama)? Also can anyone tell me what are the chances that they wiil go for and get a judgement ? Thank You.

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the same thing happened to me but all was in NY. Lawyer filed judgment and I wasnt even aware untill I noticed it had been on my CR foe 3 years! No papers nothing. Vacating I'm told is out because it has been so long. In my case the lawyers for the CC company did file the judgment.

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Hi a credit card account I have has been turned over to a law firm for collestions who is threatning to get a judgement. My question is which state law am I goverened by the state I live in (Texas) the state where the lawyers are (South Carolina) or the state I lived in when I opened the account (Alabama)? Also can anyone tell me what are the chances that they wiil go for and get a judgement ? Thank You.

The state where you live now.

Its hard to say without knowing any specifics about the debt-like the amount. How old is this? When did it become delinquent. What is the name of the Collection Agency (remember, even if they are attorney's they are still just a collection agency). They will all threaten you with all sorts of stuff, most times they are just that but sometimes they need to be taken seriously. It would seem to me that if they were close to taking you to court (which they have to do to get the judgement), then you would be hearing from an attorney in Texas.

get us some more information and we can help you out.

J

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They will all threaten you with all sorts of stuff, most times they are just that but sometimes they need to be taken seriously.

What would be an example of when they need to be taken seriously?

You dealing with an attorney in your home state. Or a Summons... They need to deal with you in Texas.

I would be skeptical if they are actually 'real' attorneys. Very common (and illegal according to FDCPA) to act as an attorney when they are not.

What is the name of the firm?

J

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However, it doesn't matter if they need to be taken seriously or not at this point....you can send them a DV letter and see if they can even collect on this.

No matter WHO is asking for money, unless it's the ORIGINAL creditor, you need to send them a DV as soon as you can. Most of the time that gets them off your back because they're just looking for an easy win/easy money. If you show them that YOU know a little law too, they tend to back off. They don't want to have to work too hard. :wink:

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Hi a credit card account I have has been turned over to a law firm for collestions who is threatning to get a judgement. My question is which state law am I goverened by the state I live in (Texas) the state where the lawyers are (South Carolina) or the state I lived in when I opened the account (Alabama)? Also can anyone tell me what are the chances that they wiil go for and get a judgement ? Thank You.

Even attorneys are subject to the rules of the FDCPA. Get your DV letter out quickly. Once they get it, it is illegal for them to take any further action until they provide you with proof that it is yours, the amount is correct, and that they have a right to collect.

Also, Texas requires them to be licensed and bonded in Texas. There is no reciprocity provision. If they are not licensed, even calling you is illegal for them to do under your State law.

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Hi ! Here is the deal. The card was open 09/99. Had good pay history till 08/01 when I was injured at work. Was not recieving work comp. (That's a whole nother story)Fell behind a few times the cc co. raised my interest rate to 24.99% and wanted mim pay of 130.00 month. Not possible for us on 1 income and docs bills and PT. So we fell further behind. They raised int. rate to 29.99 and wanted min pay of 165.00 a month. Moved in 10/03 missed 2 pays didn't recieve bill( mail forwarding)Paid small amount in Dec. missed Jan. payed Feb. Recieved notice from att. (dated 3/2/04 recvd 3/20/04 ) They are saying were behind because we failed to make min. pay. Bill is now $8327.00 limit was $6600.00 (did not go over thats all the charges added) sent a DV letter yesterday ( certified,return reciept,

restricted ) after finding this site. They have harrassed us with phone calls for 2 years now. Even telling my 13yr old that we could go to jail for leaving her alone. My credit report says current till 10/03. Then it says 30-Oct. 60-Nov. 90-Dec. I printed it on 10-15-03. Can they do that report 2 months ahead?

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Hi ! Here is the deal. The card was open 09/99. Had good pay history till 08/01 when I was injured at work. Was not recieving work comp. (That's a whole nother story)Fell behind a few times the cc co. raised my interest rate to 24.99% and wanted mim pay of 130.00 month. Not possible for us on 1 income and docs bills and PT. So we fell further behind. They raised int. rate to 29.99 and wanted min pay of 165.00 a month. Moved in 10/03 missed 2 pays didn't recieve bill( mail forwarding)Paid small amount in Dec. missed Jan. payed Feb. Recieved notice from att. (dated 3/2/04 recvd 3/20/04 ) They are saying were behind because we failed to make min. pay. Bill is now $8327.00 limit was $6600.00 (did not go over thats all the charges added) sent a DV letter yesterday ( certified,return reciept,

restricted ) after finding this site. They have harrassed us with phone calls for 2 years now. Even telling my 13yr old that we could go to jail for leaving her alone. My credit report says current till 10/03. Then it says 30-Oct. 60-Nov. 90-Dec. I printed it on 10-15-03. Can they do that report 2 months ahead?

Oh, boy. You got a good one there. Start keeping a file folder on everything you get in the mail from them, even the envelopes it comes in (which shows the postmark dates they mailed it). Get a notebook and start writing down a log of every call you get. Date time, name of person, and description of the call. Once they get your DV letter, the FDCPA says they can't call, or write to you for any other reason until they send you the validation.

If you tell them at the beginning of each call that you are going to record the call, you can do so, even without their "permission." You can bluff them with this even if you don't actually record the call. Or you can simply hang up on them. There's no law that says you have to talk to the collector, but it does say they have to stop calling you if you tell them to in writing (If you do this, they have to stop calling even if they do provide validation.

Look up my other thread called "Validation: What is it?" to see what you should expect in the way of documentation from the CA.

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Don't forget to have your daughter write out a statement as to the phone call when she was told this. Hopefully, the name, date, etc. can be recalled. Once you have this, file a complaint with the TX AG as they frown on this from what I understand. At the same time, keep it as a "CA Killer" when you need it.

Be sure to do as the others mentioned so you will have all of your info handy when you need to "solve the problem".

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