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Can they collect?


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Unsure of where to post this one. (On a roll today, several posts)

A local law firm (Baker, Miller, Markoff & Krasny) recently sent in the mail a collection of monthly statements and a letter telling me this is the requested validation that I asked for and to call them to set up payment arrangement. They are collecting for Citibank. This firm unfortunately has two default judgements against DH and me, (two separate collections) We are filing BK and let it go (court appearances), from BK attorney's advice. We are filing very soon. Meanwhile, I get this letter from BMMK and it ticked me off because this collection has been through two other CA's (which I have sent DV letters to and not heard back from them). All of a sudden, I get this in the mail, and DID NOT ASK THEM FOR VALIDATION! Never got a letter from them that they acquired this debt, nothing. I recently sent them a DV letter, asking for proof that I owe them anything, how they aquired this debt, yada, yada. My question,,, can they just take over a debt, collecting for the OC, and send me this stuff? Also, Citibank charged off this account,, well within the SOL....

I guess I could let it go, since we are filing, but I think they assume default judgement on this one too, because of the others.

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ok, im confused (again)

you did or didnt ask them for validation? but anyway, if this is the first contact they need to have a mini-miranda on there regardless of whether they include validation materials, you can still ask for validation, its your right.

can they collect? i'd answer collect what? you said you are gonna do a BK, that pretty much implies to me you dont have anything for them to collect..

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I am always confused, lol. Keeps boredom from setting in, lol.

No, I have NEVER sent them a DV letter, none, zero, zip! I did send DV letters to CA's that had previously collected on this account, no response back. So it appears to me that BMMK, are collecting on this account for Citi, that it has gone back to the original OC. This account has been CO, and if so, CITI now becomes a CA and has to follow by FDCPA rules.

They now are a third party collection. (is this true?) Anyway, I have not had any previous correspondence with them about this account. Others, but not this one. On top of things, no, there is no mini-miranda included with the letter.... Now what?

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Reading back through my post,

After they sent me these copies and the letter, I then sent them a letter requesting validation. Have not heard back, but it has only been a week or so. I just don't know who they are collecting for, it must be for CITI, as that is to whom it says they are representing.

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If you are going BK, who cares? Give the letter to your BK attorney, as he may want to add the lawyers to the schedule of creditors as a safety measure.

How old is this debt? Sounds like they are trying to get teh SOL extended by getting you to bite on a settlement ( acknoweldge teh debt). Again, it won't matter if you go BK and the accounts are listed. Talk to your BK lawyer. Don't you bother with these guys.

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I thank you both for taking the time to answer my questions. I hope when I am knowledgeable enough, I may do the same to others. Yes, I am including them in my BK, but waiting until October to file it. Didn't want to have to appear in yet another court summons. I really wanted to "fight back" but unfortunately don't have enough $$ or the time to do so. Having to close a business, having now to file BK......

Personally, I have enjoyed working on defenses against these CA's, now filing, I won't be able to, I suppose. Like others, have spent a considerable amount of time, hate to give in.

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