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Just got off the phone with a CA that I have served to appear in small claims;In my original letter to them I asked for a liquidated provision of $10,000 if the account reappears. She said that it wouldn't stop the OC from reselling the debt and then it would be reinserted anyways! She also said they don't "own" the debt. True?

Help! I can't have it reinserted later and want this to end. And I also doubt her integrity.

Any advice apprecitated!

Melissa

PS She is supposed to fax a letter soon as to what they ARE willing to do.

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NEVER trust a CA! Anything they tell you should be viewed with extreme caution. They will do or say anything to get you to pay a bill. They will act like your friend and sweet talk you telling you exactly what you want to hear just to screw you over. Good luck.

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Sure.....

I did DV 3 different times;They never responded so I filed suit. The above was their response to being served. They called.

I just wonder if it is REALLY valid as far as them not owning the debt and that the OC could reinsert at any time??

I still haven't received a fax as to what they are willing to offer. I asked for $1700 in damages/Delete/Liquidate Damages $10000.

Thanks for your time,

Melissa

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Exactly what violations did you file under?

First of all, it's odd to me that you'd file a lawsuit prior to even know if they own the debt or not. Then, the liquidated damages would, I believe, be part of a settlement - not part of the lawsuit. And it's highly doubtful they'd agree to that big of a chunk unless you had them pretty good.

Unless you have a lot more on them than you're saying, I'd accept them not collecting on the debt anymore and then deal with the next collector from the beginning.

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