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lawyer now has my charged off acct-HELP


5greatkids
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Hi- I am new to this forum and looking for some help. I had an credit card acct and fell behind. Long and short... I made so many payments to them and pretty much did whatever they asked... then the payment became so high I could not afford it. I negotiated to settle with them for 6,000 and told them it would take me some time to get the money. Well they charged it off and now a lawyer from MT (who has a horrible reputation according to another site) has it and has threatened all kinds of things. He says he "bought" the acct and I can't deal with the orginal company. They dont want to negotiate and have lumped more fees on. I live in CT. Can I still deal with original creditor, can he sue me/garnish my wages/ lien my home? I am so upset by this and dont know what to do!!! Thanks for the advice

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He is feeding you a line of ?????. If he purchased the debt, this means he is a debt buyer and must abide by the laws. In short, he must send the proper communications in the "normal" manner. This includes the initial communication, either by phone or mail. In this initial, if you were not advised of your rights, then he must send to you, within 5 days, in writing, a second communication that advises you of these rights, which consist of telling you that you have 30 days to submit, in writing, that you dispute the bill or any part of it, and want it validated. This is where the DV letter comes in. The letter must also say that it is from a debt collector and that all information received will be used for this purpose, etc. It also must include the OC's name, his name, Account Numbers, and the amount of the debt. He cannot add any charges unless the law allows him to. As to dealing with the OC, he is correct in a sense. Usually, when someone buys the debt, the OC forfeits all rights and ownership, but, some have been able to get the OC to "recall" the debt from the buyer. What happens is the OC says they sold in error and refunds the money to the buyer. Don't get your hopes up on this as it is seldom.

Not knowing how you came to know of his threats, I will assume it was by phone. If this is true, he already has some violations. What you need to do is sit down and make a list of all of the information you have, including any and all phone calls with the date, time, name, and main points of conversation. Next, you will compose the DV letter. You will also include some of his threats so as to put them on paper for any possible future reference, such as if he sues you. What I mean by this is if you just say he threatened you, it is easily defended, while, if you have reminded him of a conversation, it is a little harder as the Judge will want to know since you will more than likely have filed a "Defendants Claim" if served. Do not threaten him with your letter, just include to assure him you have not forgotten what he said. You will do this later, if necessary. Send this CMRR. He must cease active activity until debt is proven, but, some have filed suit upon receipt of a DV. Don't let this scare you. If this Asswipe does sue, you will automatically file the claim I mentioned above. When in front of the Judge, you will bring up your letter which will cause the Judge to ask him for the proof he failed to send to you. You can take a copy of the "Wollman Letter" found at the FTC site along with a copy of Spears v Brennan. These two items will assist you in proving your claim over and above you claim for his threats without advising you of your rights.

You need to remember something. He cannot just come and take anything from you. He must have court papers allowing him to do this. And, you must be served before the court date for a chance to offer a defense. Your defense would be as you described in the beginning, along with his violations , and that there is no proof he can add the charges he has added. You will mainly be causing him to prove he is legally able to obtain the monies he is asking for. The reason for this is you want to assure the scales are more in your favor so as to get a settlement that benefits you the most, including the TL is totally deleted or changed to paid as agreed with all lates deleted.

Let this sit for another day and see what some of the others have to say.

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