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Need help with TX laws on collections


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I've posted a few times in some of the other discussions in regards to my situation....let me give you a recap....I received a letter from a Law Office in Phonenix AZ, I live in Texas, back on May 3. They said they were collecting for CHASE...etc...so I sent a DV letter to them on May 26, and on June 10 I got back a letter stating: This office has been retained to collect the debt owed by you in the above-referenced matter. This letter is a demand for payment in full, and due in our office by June 30. Attached they have about 5 facsimile copies of my CHASE statements (proper validation?). I checked my credit report on June 16, and no where on there was any notation that my CHASE account was in dispute( it was sold/transferred)....wouldn't that be a violation on the CA's part, since my DV letter clearly stated that until they provided proper DV, they had to notify the CRA's of any disputed debt? If this is the case, then do I send them another DV letter, or what do I do from here? If I indeed received proper validation via facsimile copies of statements, then I was going to send a "goodwill offer" to settle my account. My other question is that I looked up the CA on the Attorney General's website for the state of TX and the CA is not licensed to collect here...but then again I don't think they have to be??? Can someone out there help me on this...i'd really appreciate it. thanks....

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Do the statements show your name and a current/previous true address? Does it show a DOFD? Is the DOFD less than Texas SOL? If so, then it's adequate DV because they probably have enough to get a judgment.

Only the CA's TL status would change to disputed on your CR. Unless you're disputing with the OC, that TL status will remain the same.

However, if they aren't licensed to collect in the state of Texas, then it's a violation for any collection activity against you. You can C&D these guys, but you risk a lawsuit at worst, or a new CA on your back at best. If your damages (at least $1k) are more than you owe, then pursue a lawsuit.

If you know the debt is yours, if the debt is more than your damages, and if you're ready to settle, it may be best to just settle and move on with your life.

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Avenger against scumbags: on my credit report, my current status just shows a CHARGE-OFF and then down below on the comments, it states that it is a charged off account....the CA who is trying to collect on me, is from the Law Office of Joe Pezzuto, in Phoenix AZ.....,it looks like CHASE charged off my account bacin in Sept. of '05

chincheck: the statements they sent me do show my name and previous address to be trus....not sure what DOFD means? (still kind of new to all the abbreviations)...the SOL in TX is 4 years.....I only show this CA on the inquiries part of my CR, and it just shows the date they inquired.....

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List of abbreviations:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=38591

DOFD is Date of First Delinquency -- the date your account became delinquent (at least 30 days late). If the CO date is 9/05, then your DOFD is 3/05...well within SOL. Cross that off as a possible defense, unless you have proof that this was CO'ed more than 4 years ago.

Inquiries: violation for no permissible purpose if they aren't licensed to collect in your state. Tack on $1k for each inquiry in addition to the aforementioned FDCPA violation. Have you pulled all 3 CRs? Maybe they pulled all of your reports.

Bottom line: if the CA's violations exceed your debt, rip up the settlement letter and file a lawsuit. If not, then settle and use the violations as extra leverage to pay less. You may be able to raise enough ruckus to scare off Joe Pezzuto, but they will simply sell the debt to someone else, and you'll have to start this process all over again.

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