5greatkids Posted July 13, 2004 Report Share Posted July 13, 2004 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! Link to comment Share on other sites More sharing options...
DocPC Posted July 13, 2004 Report Share Posted July 13, 2004 Send a limited C&D, and a DV CMRRR. This will put him off for 30 days and let you see if he can prove its yours, if he can validate at all. Link to comment Share on other sites More sharing options...
5greatkids Posted July 13, 2004 Author Report Share Posted July 13, 2004 Thanks for your reply-- I am new at all of this- could you please explain all those initials? Thanks again for your help! Link to comment Share on other sites More sharing options...
DocPC Posted July 13, 2004 Report Share Posted July 13, 2004 http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewforum.php?f=24Read through there, it will give you all the info you need. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 13, 2004 Report Share Posted July 13, 2004 get an account on tel-biz.com so you can record the calls you make to him. bet he will keep badgering you. you'll want that should he try to go after you. Link to comment Share on other sites More sharing options...
5greatkids Posted July 13, 2004 Author Report Share Posted July 13, 2004 okay- I realize I am new--but why would I ever want him to go after me--- I really want to buy some time and negotiate a settlement-- can you explain? Thanks Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 13, 2004 Report Share Posted July 13, 2004 sounds like a shady dude. You will want the back up should he try to sue you ro do something untoward to your credit. If you think you have him on violations of teh collection or reporting laws, you will need evidence. You might also want to do it to make sure he does not go back on his word. Link to comment Share on other sites More sharing options...
5greatkids Posted July 13, 2004 Author Report Share Posted July 13, 2004 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! Link to comment Share on other sites More sharing options...
elyse449 Posted July 13, 2004 Report Share Posted July 13, 2004 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 Link to comment Share on other sites More sharing options...
5greatkids Posted July 14, 2004 Author Report Share Posted July 14, 2004 Thanks so very much for the welcome and the response! There are so many things to consider. I think the first step is to start with the validation and go from there!! I will let you know how it goes. Thanks again! Link to comment Share on other sites More sharing options...
TexasLawyer Posted July 23, 2004 Report Share Posted July 23, 2004 You might go to naca.net and locate a lawyer handling fair debt cases in your state. Joanne Faulkner is in Connecticut, and she is very experienced in fair debt cases. Link to comment Share on other sites More sharing options...
DocDon Posted July 23, 2004 Report Share Posted July 23, 2004 And if he didn't buy the debt (but thought he'd lie to you) - report him to his Bar Association or Attorney Grievance Commission or whatever they call their attorney discipline board. Link to comment Share on other sites More sharing options...
5greatkids Posted July 23, 2004 Author Report Share Posted July 23, 2004 Thank you everyone for all of your responses--- I have been so overwhelmed by this - I am not going to let this guy harass me anymore!!! I am sending out a limited C&D stating not to harass me at work and go from there! Thanks so much again!! Link to comment Share on other sites More sharing options...
Recommended Posts