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Lawyer now has charge off acct!!! Please help


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Hi- I am new to this forum. I originally posted under a different group- I think this is the one I need though. I had a credit card acct that I got behind in. After jumping thru hoops and them lying to me about what they would do.. I negotiated with them to pay 6,000. I also explained that it would take me some time to obtain the funds. They said ok--got it in writing ( except the waiting part!!) Now I get a call and letter from a lawyer in MT ( I am in CT) saying that he bought the account and making all kinds of threats. Can I still deal with the original creditor? If he is in Montana and I am in Connecticut can he hire another CT lawyer and sue me? Can he garnish my wages/ lien my home? I am at my wits end about this!! This lawyer also tacked on all kinds of fees etc and says he won't accept any thing other than full balance!!! Please help-- what should I do? Thanks!

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thanks for your response....my ultimate goal is to try and negotiate a settlement with them... I really dont think I have the stomach for going to court.... I am mortified at this whole situation and just tired of being taken advantage of. I know a little more about the settleing process- the whole idea of being taken to court, name in the paper etc. makes me so ill!! If I have them validate do you think they will negotiate or will they go directly to court?? Again thanks for all your help!

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Hi 5greatkids,

Welcome to the boards! The first thing I will say is this; if your name is correct and if you have children I will say the best thing you can do is to try to take the attitude that, in esssence, this is your childrens money to and you want to spend it as wisely as possible because it's money THEY could be using for clothes, food, etc--in other words, don't let this guy push you around because like it or not you're STILL a customer and you need to demand appropriate treatment thereof. A good thick backbone is what most of us need to make sure to have...I know that's easier said then done cause these folks ARE SCARY, but that's their job--our job is to protect our family no matter WHO invades.

That being said I will say that it's apparent that any "agreement" with the original creditor was a bit dodgy and confusing and it's a shame they didn't try to re-contact you to work it out PRIOR to sending it to anyone. One question I do have is this; ANYWHERE in the letter is a date mentioned as far as due date for the agreed upon 6,000??

Ok-here's my response to your post...

"Now I get a call and letter from a lawyer in MT ( I am in CT) saying that he bought the account and making all kinds of threats."

The first thing you'll want to do is send that limited cease and desist letter which essentially means you're requesting they contact you ONLY via USPS and that they are not to call you on the phone at home, work or anywhere else but via USPS. Along with that you should include a DV (Demand for valiation) of the account. Whose to say you owe THIS guy anything? Let him prove he owns the account, let him prove you owe the amount he says BEFORE you agree to ANYTHING.

"Can I still deal with the original creditor?"

You can try to--but they will probably refer you back to this guy IF he really has ownership of the account now. I would try to appeal to their goodwill (contact higher ups, go up the chain of command if you have to)and let them know that a mistake has occurred. Then again, I'm not sure HOW MUCH time has gone by b/w you're agreement to pay and now so that'll figure in.

"If he is in Montana and I am in Connecticut can he hire another CT lawyer and sue me?"

Yes, I suppose he could. Make sure to keep your eye on any forms coming in the mail and if you get something hop down to the courthouse and request the file if you can find one with your name attached. Don't forget to file IN COURT all appropriate responses.

"Can he garnish my wages/ lien my home?"

He may be able to garnish your wages-but then there's stuff you can do there to, especially if you're head of household and sole income/wage earner. Make sure to get educated on YOUR rights--forget that idiots rights--remember, this is your kids' money to. I'm not sure about any lien on your home, I thought I read somewhere that this is extremely difficult and reserved for larger amounts but I could be wrong.

"I am at my wits end about this!! This lawyer also tacked on all kinds of fees etc and says he won't accept any thing other than full balance!!!"

Of course, it's HIS job to make you feel miserable so that you'll just pay it. But remember, YOU have rights and it'd be a shame to pay something you don't have to (if even PART of the debt is not the appropriate amount)-so if it were me I'd be firing off my C&D, DV via CMRRR (Cert Mail Return Receipt Requested) immediately and go from there. There are some great sample letters here at the site, I always alter mine to fit my situation.

Those are my thoughts/opinions for what they're worth. I'm no atty, but thought I'd offer ya some thoughts and a big hug -n- welcome to the board!

Elyse

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