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CA out of state...can they still sue?


cjvlah1425
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I have been contacted by JA Cambece Law Offices in Peabody, MA. Budd Hibbs lists them as scum. He also said on the site that this Cambece guy is only allowed to practice law in MA.

I live in Georgia...all the debts I have gotten are from when I lived here. Can this law office obtain a judgment in MA against me? I'm really confused as to how it all works. I am currently unemployed, live with parents, and have NO assests what-so-ever.

They just sent me a notice that I owe money...and they are the debt collectors....blah blah. I don't know which letter to send....the validation letter, or the cease and desist letter.

Any help would be much appreciated. I've been up all night trying to figure this stuff out.

Thanks

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This is the letter:

December 8, 2005

Dear (my name)

This office is a debt collector and has been retained to collect the debt owed by your to (the original creditor). This is a demand for payment of your outstanding obligation.

Unless, within 30 days after receipt of this notice, you dispute the validity of the debt or any portion thereof, the firm will assume the debt to be valid. If, within 30 days of your receipt of this notice, you notify us in writing that the debt or any portion therof is disputed, we will obtain a verification of the debt or, if the debt is founded upon a judgement, a copy of such judgement, and we will mail to you a copy of such verification or judgement. If the original creditor is different from the creditor named above, then upon your written request within 30 days of the receipt of this notice we will provide you with the name and address of the original creditor.

If you are represented by an attorney, please give us the name, address and phone number of your attorny so that we many communicate with you attorney rather than you. If you work and do not wish to receive phone calls from this firm at your place of employment please notify us orally, or in writing, and we will not contact you at your place of employment.

Please call our office at (number).

Thank you for your attention to this matter.

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I'll second that, Grim!

If this idiot did farm this out to a local for litigation, as Recovering noted, he is quite light in the "Gray" area. His letter demonstrates he is not the brightest. To me, he is cramming everything into one letter so as to save a stamp. I also believe this letter to be illegal in itself. Somewhere I read back when that an initial communication could not contain demands. It was simply a letter containing the OC, amount, and that it was assigned or sold, and that the consumer could pay or dispute the valaidity, etc. of the debt. Nothing more. Unfortunately, it is so far back, I doubt I could find it.

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another question....

I have been reading about people who sent DV letters and were sued, and a judgement won b/c the SOL and debt were valid. Should I not waste my time sending the DV letter....since it is within the SOL...and valid?

I just don't want them to see the letter, and sue immediately.

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This is the letter:

December 8, 2005

Dear (my name)

This office is a debt collector and has been retained to collect the debt owed by your to (the original creditor). This is a demand for payment of your outstanding obligation.

Unless, within 30 days after receipt of this notice, you dispute the validity of the debt or any portion thereof, the firm will assume the debt to be valid. If, within 30 days of your receipt of this notice, you notify us in writing that the debt or any portion therof is disputed, we will obtain a verification of the debt or, if the debt is founded upon a judgement, a copy of such judgement, and we will mail to you a copy of such verification or judgement. If the original creditor is different from the creditor named above, then upon your written request within 30 days of the receipt of this notice we will provide you with the name and address of the original creditor.

If you are represented by an attorney, please give us the name, address and phone number of your attorny so that we many communicate with you attorney rather than you. If you work and do not wish to receive phone calls from this firm at your place of employment please notify us orally, or in writing, and we will not contact you at your place of employment.

Please call our office at (number).

Thank you for your attention to this matter.

Wow.

That is the most FDCPA compliant letter I've ever seen.

I particularly like this line.

if the debt is founded upon a judgement, a copy of such judgement

I never liked the language in the statute. It made it seem like a judgment already existed against the consumer and it was just a matter of time before they got your assets.

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I have been reading about people who sent DV letters and were sued, and a judgement won b/c the SOL and debt were valid. Should I not waste my time sending the DV letter....since it is within the SOL...and valid?

I just don't want them to see the letter, and sue immediately.

That is quite rare, but a possibility. How do you KNOW it is valid? In order to be valid, the CA has to PROVE it is valid. Let me give an example:

You are an avid do it yourselfer and you have an account open with Joe's hardware store and charge $500 to this account. Times get hard and you cannot pay. A year goes by and I walk up to you on the street. You have never seen me before. I walk up to you and say, you owe Joe $750. Pay me.

How do you know I work for Joe? How do you know the $750 is the correct amount? Would you pay me? Do you think this debt is "valid"? The answer is no. In the eyes of the law, a valid debt is when the CA can prove they have the right debtor, the right amount and the right account. Unless they can prove this the the satisfaction of the judge, the debt is not valid.

The law is not about the truth, it is about the law. The law is what you can prove in court.

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