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Strangely Vague Collection Letter ?


bigshooter
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Says:

RE: VARIOUS ACCOUNTS 99999

TOTAL AMOUNT DUE $226.40

In the process of reviewing our inactive, unpaid accounts, we find we have not made contact with you for an excessive period of time. We presume you have forgotten about this debt. Remit the balance now or contact us immediately......

It has no valid account number on the letter and makes no mention of who the debt is being collected for or anything else.

This company has a judgement against us but at the same time they got the judgement we moved out of state so they really can't enforce it easily but they make no mention of it at all and probably assume we don't know about it.

What are they trying to do?

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What State are you in? Were you properly served? Did you go to court? Do you have any knowledge of this amount? Do you still have any previous letters?

That is a very vague letter, but, not knowing the whole of your problem, it is hard to determine how to read their letter. I say this, as in some states, a default judgment cannot be domesticated if from another state. Therefore, if this is a default judgment from another state, then the CA is probably being very careful as to what they say so there can be no violations. An example is they "assume" you have full knowledge, so will remit or call, OR, they are thinking you may call so they can intimidate you into paying. Either way, if you call, they know you cannot cause them a problem because it becomes a he said-she said.

Also, if this is a default judgment, then their letter is in violation as it does not contain the required notations. Remember, if the judgment is a default, and your State won't domesticate it, this means it has no legal standing. Therefore it is considered a collection letter which must have the proper notations, such as "This is an attempt .........".

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Yes I never thought of that, the judgement is in Nebraska and we are in Oklahoma, so by bringing up a judgement that has no legal basis in Oklahoma would put them in violation, right?

The letter does have the disclaimer at the bottom, Attempt to collect a debt....

I noticed they put their phone number very large right in the middle of the page, they probably want me to call.

I think I will write back and thank them for bringing this to our attention

since we are trying to resolve any outstanding bills but we have no knowledge of an account with your agency please provide more information and see what they do.

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I fully agree with willingtocope on this. If you send a letter, be totally ignorant of the whole thing. Make it clear you have no idea who they are, who their client is, or have any other knowledge of this debt. You want them to prove everything. At the same time, you want them to violate you as it can help you in the end when and if necessary. Have you checked your CR's lately? Are there any Public Records showing? How old is this alleged Judgment?

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