Tarahh1 Posted July 22, 2005 Report Share Posted July 22, 2005 Hiya- as some of you may know I have a case in which a federal and state suit was filed against CA for bad bad bad (evil) tactics---however before the suit was filed, I sent a dv letter (this was end of may) it has been over 30 days, and since then they have been served.__the debt is not on my CR__Even though they were wicked in there collection practics, that still does not address the debt issue.My attorney stated I do not have to follow up on the DV letter, wondering your thoughts? I think that I need too??? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 22, 2005 Report Share Posted July 22, 2005 You don't have to follow up on a DV letter, and according to the statute and FTC opinion, they don't have to respond. Stop trying to play "I really showed that CA" and let your lawyer do what he does best. This is a consumer lawyer, right? Link to comment Share on other sites More sharing options...
Tarahh1 Posted July 25, 2005 Author Report Share Posted July 25, 2005 "Stop trying to play "I really showed that CA" and let your lawyer do what he does best. "-----------um, i am not playing " I really showed that CA"--- I am just lost and still scared and very new to this. I was completely harassed by a CA and the attorney (consumer) is handling the violation part but that does not address the debt that they claim I owe. Thats why I asked~ Just because they violated things does not erase the debt (as you know) and I am just making sure I am doing things correctly ~ thats all. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 25, 2005 Report Share Posted July 25, 2005 Well, if the settle, you could make the settlement contingent upon them not reselling the debt, returning it to an OC, etc... and toss in a liquidated damages provision should they fail to comply. I am pretty sure they can't counterclaim for the debt.If they don't settle, they'll probably sell the debt to another shady JDB who will probably violate, which will result in a payday for you. Flyingfir over at AOC got paid 3k for one debt. At any rate, they still have to PROVE the debt. Some smacktard judges may come with "do you owe the debt" argument, but this is typically at the lower court levels (ie. small claims), which is why I advocate suing in Federal. Link to comment Share on other sites More sharing options...
Tarahh1 Posted July 25, 2005 Author Report Share Posted July 25, 2005 ~ thanks for your reply I'll just sit back and let the lawyers do what they do. I just did not know if at the same time I needed to do something re; the debt they are claiming I owe. Since its in federal hopefull I will not have a "smacktard" judge! I like how you put that.Flyingfir is a great resource and I have read a lot of his postings on AOCThanks again for your help Link to comment Share on other sites More sharing options...
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