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Mom has Attorney (CR?) threatening suit!


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I am trying to educate myself about a letter I got from an attorney who says he has been retained to collect the amount I owe his client. I have never heard of his client but assume it was orginally a credit card debt and has been passed along a few times. (I was critically ill 4 years ago with liver problems and ammassed over $40,000 in medical costs.) Anyway, In the first paragraph this attorney says "if we have to sue" and then goes into a littany of awful things that will happen to me.

He also says I have 35 days to dispute this claim or pay him the money. This attorney is in the same state as I live in.

This letter came via regular mail. I am thinking of doing the debt validation suggestion and also wonder if this is not overshadowing by him. He is certainly trying to intimidate me.Would appreciate any help you can offer!

Is it wise in the letter I may send to Validate this debt mention that I do not own hardly any property? (my husband and I have 3 older cars and we rent our home) I am unemployed stay at home mom who homeschools her kids.

I looked at my credit report but cannot tell when the last payment might have been made (in regard to SOL) cause I do not even know who the creditor was.

THank any of you for help!

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The attorney is still a CA so FDCPA applies. You ask for validation, dispute the debt, yadda yadda.

Don't mention your situation. If the CA does sue they'll find out in discovery.

If she lives in a CP state, and she's a SAHM can they attach this debt to the DH?

Blood, turnips, etc.

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If she lives in a CP state, and she's a SAHM can they attach this debt to the DH?

What does all this mean? :?:

Sorry .. there's a list of acronyms we use on here ... somewhere

CP - community property

SAHM - Stay At Home Mom (or SAHD.. Stay At Home Dad)

DH - Darling Husband, or depending upon context, Dumb Husband.

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Then it should be easier to report him to your State Bar Association.

"I have 35 days to dispute this claim or pay him the money"

You have 30 days to dispute the validity of the debt (he's giving 5 more for snail mail) and that's that. You don't owe him a penny if you don't DV.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

He's abusing his power and making you think you have no rights because he's an attorney and you're stupid. It's called overshadowing.

Turn him in.

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Don't panic. Request your DV in a timely manner, within 30 days of the date your RECEIVED the letter...not necessarily when it was dated. Keep the envelope with the postmark. Send it certified so you have proof.

How old is this debt and what state are you in? This debt may be past the SOL in legal action. Do not talk to them on the phone if they call.

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Unfortunately, that plan will not keep the attorney from filing a lawsuit.

While in DV, they are allowed to get the case together, they just can't act on it yet. Once DV is sent to you, whammo - you get a summons.

There was a violation here. So while you seek proper validation, you HAVE to let the attorney know you know what's up.

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To all of you who have helped so far, I am putting together a plan:

1) Don't panic!

2) Do the DV in a timely manner as a certified letter

3) Do I mention in the DV that I know that he is overshadowing and do I threaten suit?

4) I do not know if the SOL is up because I have never heard of who he says the original creditor is. I am asking Him to PROVE the SOL is not up up. Is this OK?

(I am not so ignorant and intimidated with the help of all of you!)

Again, Thank you!!!!!!!! :D

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Threats are a part of their every day routine, so there's no point in threatening them...

After you request DV, simply state his statement that you either dispute or pay up is incorrect and violates the FDCPA, and that the "matter is being forwarded to the appropriate agencies for review", then file complaints with the FTC, your State Attorney General, and the State Bar Association for his actions.

You have up to one year to take action for an FDCPA violation.

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I wouldn't ask that he prove the SOL is not up as it may be construed as admitting that this debt is yours. I don't know that for a fact, that is just my opinion. That's up to you.

I would wait to see if even get a reply from your request. If you do then you will know what it is and if you don't, and somehow I don't think you will or he would not have made a payment offer, then it is another violation if they pursue collection.

Do you have a copy of your credit reports? This account is probably on at least one of them. You should be able to get a free report if you have not already.

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I wouldn't ask that he prove the SOL is not up as it may be construed as admitting that this debt is yours.

Nothing could be further from the truth. Asking for documentation is in no way an admission of anything.

If anything, by asking simply to prove SOL, will send up a flag indicating you got that information from a site like this, and he'll go ahead with collecting because you "don't know what you're doing".... goes back to the "they deal with threats daily" statement. Not many consumers know SOL even exists, let alone what it means. SOL is a defense - it's up to you to prove it...

If you look at the Validation of Debts portion of the FDCPA, you'll see that notifying you of the name and address of the creditor is part of the deal.

From there, you cross-reference that information with what you have found in your own research (such as to see if the account was re-aged).

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