Yvonne18 Posted April 19, 2004 Report Share Posted April 19, 2004 Collection on my credit reports successfully removed. Collection agency was Superior Management. Before successfully removing from my reports collection agency turns collection over to Law Office of Arthur Corrales. During dispute process with CRA's I was also sending debt validation letter to law office. Have had no response from law office. Remember - collection has been deleted from my Credit Reports. Should I follow thru with a final letter to the Law Office ie: Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that this is an error and that this matter is permanently closed. Your continued silence in this matter is unacceptable. Either provide the proof, or correct your record and remove this invalid debt from all sources to which you have reported it to. Or should I just quit while I'm ahead? Link to comment Share on other sites More sharing options...
c m chase Posted April 20, 2004 Report Share Posted April 20, 2004 How close to SOL is this? Even though you have recourse (not responding to DV before continuing collection activities), if you push too hard, they may just file. Link to comment Share on other sites More sharing options...
Dark04 Posted April 20, 2004 Report Share Posted April 20, 2004 I've done this one. once the debt goes to the law office a DV will no longer work. (this one got me too) it now becomes discovery. I asked another lawyer and he said the law office attempting to collect did not have to respond to the DV because it was the wrong thing to ask for. If I had written and asked for discovery.....he would have had to respond. *sigh* but once you ask for discovery....the law office has to right to ask for it right back. (ie: value of assets and accounts) sometimes the cure is worse than the disease. *just a side note, I did finally settle with this law office for payments I could afford* Link to comment Share on other sites More sharing options...
nolo Posted April 20, 2004 Report Share Posted April 20, 2004 I've done this one. once the debt goes to the law office a DV will no longer work. (this one got me too) it now becomes discovery. I asked another lawyer and he said the law office attempting to collect did not have to respond to the DV because it was the wrong thing to ask for. If I had written and asked for discovery.....he would have had to respond. *sigh* but once you ask for discovery....the law office has to right to ask for it right back. (ie: value of assets and accounts) sometimes the cure is worse than the disease. *just a side note, I did finally settle with this law office for payments I could afford*According to the FDCPA, a collection attorney IS a debt collector and is therefore subject to the same rules as any other debt collector. "TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]§ 803. Definitions [15 USC 1692a]As used in this title -- (6) The term ''debt collector'' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Link to comment Share on other sites More sharing options...
c m chase Posted April 20, 2004 Report Share Posted April 20, 2004 Yes...the law firm, if they are trying to collect, is a collection agency.I've been DVing a lawfirm for about 4 months now. Sometimes they attempt their hand at validation, sometimes they ignore it. They just wasted enough time to get it past SOL for me, so it's all good. lolI think discovery is once it goes to court. Could be wrong about that, but that's my understanding. Link to comment Share on other sites More sharing options...
Methuss Posted April 20, 2004 Report Share Posted April 20, 2004 Collection on my credit reports successfully removed. Collection agency was Superior Management. Before successfully removing from my reports collection agency turns collection over to Law Office of Arthur Corrales. During dispute process with CRA's I was also sending debt validation letter to law office. Have had no response from law office. Remember - collection has been deleted from my Credit Reports. Should I follow thru with a final letter to the Law Office ie: Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that this is an error and that this matter is permanently closed. Your continued silence in this matter is unacceptable. Either provide the proof, or correct your record and remove this invalid debt from all sources to which you have reported it to. Or should I just quit while I'm ahead?The FDCPA does not specifically say they have to respond to your DV letter. It just says that if they don't they must cease all collection activity. So if the law office has chosen to abandon it's collection efforts instead of providing validation, so be it. No need to say anything more to them so long as they leave off. Link to comment Share on other sites More sharing options...
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