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A new CA harrasing me


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I have a CA saying they will take me to court if i dont make payments so i sent them DV letters and they wont reply it has been 3 months now and still nothing but they send me letters saying they will take me to court etc etc, my question is what proof do they need to get a judgement against me ? i never signed a contract on this CC... besides it seems they cant validate, but like i said before what do they need to proof this is mine since there is no signed contract ? and the debt is over 3 years old like all the others i have, thanks for your replies

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Guest E. Normis Debtor

Unless you sent the DV within the initial 30 day verification window they can continue to attempt to collect the debt without sending you anything. If you did send your DV timely, further collection attempts without sending verification violates the FDCPA.

They cannot continue to threaten to file suit without actually doing so. If you received such a threat in writing as you indicated, and more than 30 days have passed and they haven't filed, you might consider filing your own suit for the violation.

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Don't do anything yet.

Was your DV timely, did you send it within 30 days of initial contact?

As for the C&D letter, since you are in California the SOL is four years. You state that it has been three years, a little over, since you have paid on this alleged debt. If it has been under four years sending a C&D now would only leave them the option of suing you since it's within the SOL still.

It's up to you but I wouldn't send a C&D until the SOL had passed or if I was 100% confident that I would win in court.

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No one can really answer with specificity what evidence they need…it entirely depends on the court, the judge, your state laws and the specifics of the case.

They have to be able to prove whatever assertions they make in their filing – generally that would be that you incurred a debt with them and that it remains either completely or partially unpaid. If there is a signed contract they should be able to produce one; they should also be able to produce an account reconciliation showing all transactions that proves the amount they say is owed, etc.

The system isn’t perfect; I actually know a person who lost a lawsuit about an unpaid hospital bill…he had never been in ANY hospital in his whole life except to be born so the bill was totally bogus/they had the wrong person. However, the judge didn’t care and found for the plaintiff!!!

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First off, if the OP is from California, they need to click on the sticky at the top of the page to read all about California law. Be sure and click on the second post and read the summary of how California interprets the law.

As to the CA continuing to send letters threatening to sue if not paid while in possession of a DV letter, is a definite violation, as they must cease all activity until debt is proven, plus, by their own actions, are displaying they are using this threat only to cause payment, and do not plan to sue.

As to the 30 day issue, you need to realize that the law does not say that you cannot dispute the debt after the 30 days has lapsed. It only says that IF you don't, the collector may ASSUME the debt is valid. Look at FDCPA 809©. This section is telling you that the court cannot accept the CA's word of validity alone, which gives you the right to dispute the debt in court, and the CA must show proof at that time. Also, read FDCPA 807( 8). There is no timeframe, nor is their a written requirement. It is clear in that it is saying all that is necessary is they have knowledge.

As to overshadowing, many of us have our own opinions of this. It is a hard one to determine positively unless you are of a legal mind. Myself, I feel it is overshadowing if you receive your initial communication one day, and the CA begins calling the next day demanding payment, up to 3 times a day. As a whole, I understand it to mean that they cannot do one thing and try to do something else at the same time. An example of this is that you receive the initial communication, then, around the last of the 30 day period, they send you a second letter demanding payment, with no reference to your having so many days left to dispute. In short, in my opinion, if you feel they have overshadowed, tell them so in writing, even if wrong in the end. You have still created a trail and support for any claim you have. Same goes if you receive a phone call before you can even respond to their letter, or, any conversation before respsonding in writing. What this is is that you will note in your letter that on this date, this time, ADUB #1 called and said this, while I said this. All you are doing is protecting yourself, while letting them know you are "taking notes". Trust me, this small item can be a breaker with a CA, especially if you catch them in violation as it can cause a settlement for $.10 on the dollar as compared to $.50 on the dollar.

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