rivera2030 Posted June 8, 2005 Report Share Posted June 8, 2005 I received a letter yesterday to appear in small claims court. I have already DV'd them. What should I do now?In case you guys don't remember my original predicament here's my first post......_________________________Hello Everyone, I am new here. I'm really hoping someone can help me out. I have an issue with a bank that is harassing me to pay a debt. They hired an attorney and he sent me a letter that I need to pay the debt in 30 days or they would go to court and "make attachment of your property, bank account or wages, as shall be necessary to satisfy the judgement". So I sent them a letter saying that I am going to attempt to pay the debt as soon as I get some funds I was expecting (income tax). However I didn't get the $1, 800 they are asking for so I wrote a letter and told them I'll pay them $1,000 only if they settle on that price because I have no money to give them besides that (I really don't!). I explained that I am the only working person in the household right now since my wife was laid-off. They then responded and said that I had to pay the amount in full and I had 7 days to do it or they are taking legal action. In that letter they also claimed that I called the office and told them that I would pay the debt in full when in fact all I did was write a letter and said I intend to pay it but never guaranteed it would be in full. What should I do? P.S. I do in fact owe this money and it is only like 6 months old. Link to comment Share on other sites More sharing options...
divemedic Posted June 8, 2005 Report Share Posted June 8, 2005 Since you wrote and told them you would pay, it will be hard to fight in court. That will pretty much be an admission that it is yours. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted June 8, 2005 Report Share Posted June 8, 2005 show up at small claims. Be prepared with a plan to pay this off, maybe they will listen or you can get a judge or arbitrator to intervene and help resolve it. Link to comment Share on other sites More sharing options...
rivera2030 Posted June 8, 2005 Author Report Share Posted June 8, 2005 Well I plan to pay this debt. But I do not want to pay $1800. If I show up with a $1200 check and say take this now or nothing. Would they bite?That's all the money I actually have saved. All I want is this to be over with and begin restoring my credit. But I don't not want to get into a payment plan, that would take me too long. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted June 8, 2005 Report Share Posted June 8, 2005 I think you are fighting an uphill battle here (not that that's news to you)...with a deb this realtively small and so new, they aren't very likely to take anything less than the full amount.However, I wouldn't spend a lot of time worrying about it...I highly suspect that even if they win their case (and they probably will given what you've said) they will accept payments rather than go through the hassle of trying to collect any other way. Link to comment Share on other sites More sharing options...
Methuss Posted June 8, 2005 Report Share Posted June 8, 2005 If you DV'd them and they continued collection activity, you may counter-sue them for $1000. It's pretty much a slammer if you can show the lawyer filed suit after getting your validation letter.The FDCPA has nothing to do if you owe them or not. It regulates their behavior and requires them to play fair. If they don't and the debt is really yours, you can create an off-set against their claim for their failure to follow the law. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted June 8, 2005 Report Share Posted June 8, 2005 If you DV'd them and they continued collection activity, you may counter-sue them for $1000. It's pretty much a slammer if you can show the lawyer filed suit after getting your validation letter.I believe the stay against collection activity applies only if validation is requested within 30 days of initial contact from the CA and it's not clear to me if that happened here or not.At any rate, even if validation was requested in time to start the 30 day stay "clock", although the CA is obligated to validate, I dont' believe the stay on the part of the CA against collection activity prevents the debt holder from filing suit during that time. Link to comment Share on other sites More sharing options...
divemedic Posted June 8, 2005 Report Share Posted June 8, 2005 even if validation was requested in time to start the 30 day stay "clock", although the CA is obligated to validate, I dont' believe the stay on the part of the CA against collection activity prevents the debt holder from filing suit during that time.Not true. While the CA only has to stop collection activity if a TIMELY validation request is received, that also applies to lawsuits, as they are considered to be collection activity. There is case law on this. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted June 9, 2005 Report Share Posted June 9, 2005 THe question is, when was the initial contact made and was the DV sent timely??? Link to comment Share on other sites More sharing options...
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