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Need Some Help Please

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I am in need of some HELP!.

I am 23 years old, just out of college got into some really nasty debt during and right after school, and was unable to pay on a lot of my accounts. All but my car loan, and one credit card is current and in good standing. But around 5 CC’s and various utility bills have been sent off to CA’s. I attended school in NH and have a valid NH driver’s license. I am currently living in NY with my parents. This brings me to my first question, am I considered a NY citizen or NH citizen, if I get sued were will I have to go to court.

I managed to settle one of my accounts on my own. But the others will not budge and keeps getting moved to CA to CA. I have received numerous calls stating that they are attorneys and they are going to sue, scared I have not called them back. Since finding this site I am trying to develop a plan to start facing these and fight back

I have some questions

When the CA’s or Attorneys call should I pick the phone up? can I ask for Validation over the phone or and address? I know i need to send it cert mail, but will they be reluctant to give me there address? should I wait for another letter without speaking to them directly

or have I waited to long on this and I am completely screwed?

These are not gigantic amounts I owe. I probably owe around 7,000 between everything what is the likely hood they will sue me.

If you have more suggestions on how I should proceed please email me or post, I could really use some one on one help.

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Welcome! You'll find lots of answers here, but you'll have to look. Read, read, read...

As for which state you're a citizen of, it doesn't matter much. May be some SOL issues, but don't worry about that right now.

As for the CAs calling you, the only reason you should ever talk with a CA on the phone is to get an address of where to send the CMRRR DV letter. CA's lie just for practice, and you can't beleive anything they tell you on the phone (except maybe "where do I send the money"). If you do talk with them, be prepared to be bullied and threatened. A good way to start any conversation is "okay, I've got my recorder going, so state your name and the address of your company". In fact, you might want to get a Radio Shack phone recorder for just that purpose.

And...once you have an address...use the "debt validation" (DV) process. It has nothing to do with whether you once owed somebody money, its about making the CAs play by the rules. If you've already received a letter from a CA and didn't respond to it within 30 days, they can assume the debt is valid and continure their activity...but you always have the right to request validation.

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This site is so great i wish i found it 7 or 8 months ago.

Its ok to still send out a DV even though i am past the 30 validation they have sent me.

Now some of the CA's i have not heard from in quite sometime, is it possible to attain there address? Maybe through my credit report, or some other means im not sure. Any suggestions?

I am following the debt validation Flow Chart posted.

Let me make sure i have this correct. I need to send a DV to all my accounts that are in CA's and at the same time dispute the marks with the CRA's?

Would it hurt to dispute other negitive marks (late payments) on my report at this time as well, or should i wait to get the CA's off first

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Check your credit reports (not the 3-in-1 type, but the individuals). If an "old" CA is not listed, don't bother with them. Only go after the ones that are listed using a "....hey, I found you on my CRs and I never had an account with you. Either prove to me that I owe you money, or get off my reports..." type DV letter.

If you have any that are calling, but not listed on your reports then use the "okay I'm recording" approach to get their address.

The FDCPA says you have 30 days from "first contact". While the courts generally hold that if the CA says they sent a letter, and they have sending letters as part of their normal business, then you got it...there are people that have successfully argued that they never received a collection letter and seeing the CA on their reports was the first contact.

Regardless...start with the assumption that finding them on your report or the next time they call is your first contact. Send the DV letter.

If the other negative marks are for accounts not in collections, then go ahead and dispute them.

And, yes...the process is...send a DV letter to the CA, wait 5 days, then send a dispute letter to the CRAs. The idea is that once a CA receives your DV, they're supposed to at least mark the CR "in dispute". Failure to do so is a violation of the FDCPA. (Of course if they're not on your CR, then don't dispute with the CRA).

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Ok i got it.

One more issue

When I get them on the phone how should I go about asking for their address. If I say its to send money is going to bind me to a verbal contract with them, then I have to pay. In other words what is a good excuse to get there address, that is not going to get me in more trouble?

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Like I said, begin the conversation with "Okay, I've got my recorder going, would you state your name and mailing address please."

Nothing else. If they refuse, then say "I'm sorry, unless I know who I'm talking to, I won't continue this conversation." And hang up. Make a note of the date and time they called and if you have caller ID, note that also. If you can get a phone number off your caller ID, you can use that to trace it back to who's calling...and use that address.

If they do give you an address, say, "okay, I hereby request that all further communication regarding this matter be in writing. Thank you". And hang up.

It would be best if you were indeed recording all this, but as long as that is all you say, you'll be alright. Don't get sucked in to any futher conversation. You don't need to say anything about payments...

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The likelyhood of you being sued depends on many factors: how much you owe, how long you've owed it, and the CAs assessment of how likely they are to get any money out of you. It is by no means automatic.

Yes, you might get sued if you DV the CA. If you do nothing, you might get sued. On the other hand, if you DV and the CA screws up, you might be able to countersue...and in effect, have them pay off your debts.

Lots of things might happen.

The only thing for sure is if you do nothing, you'll have more CAs hassling you on the phone...

And...the "DV a CA for citibank and you'll get sued" seems to be associated with someone who makes money off settlling debts for other people. Its in his business interest to scare people away from the DV process. I'm not saying he's wrong...I'm just saying that he has a different agenda...

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The likelihood is very low that you'll be sued after DV. If you read through a month's worth of posts from all sections and tally how many folks have sent DV, the majority of them did not receive a summons.

Don't let a few isolated incidents scare you. You're much more likely to be sued by sticking your head in the sand as opposed to taking action. And if you do get sued, we have a whole forum dedicated to that very topic. You'll see as many here have that you have lots of support, and the process works. So as someone else here said, take a deep breath...and read, read, read.

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