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law firm now calling-need advise pls!


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I have an old cap one card that has been through 2 collection agencies and now it is with a law firm by the name of Winn ad Sims here in California-which is where I live. I am disabled and recieve SSi disability benefits. I also have 2 other cards in collection ( all of the cards and a repossed car are last pymt dates in the end of 2004). I get calls all the time and usually screen them because of collection people calling, but I picked one up and got Adrian on the line from Winn and Sims. I told him that I was disabled and that I was unable to pay the 3441 or any payments for that matter. And he asked me for proof that I was infact recieving SSI. He wanted me to fax him the statement I get every year from SSecurity showing how much our monthy benefit is. I told him I would call him back later after I looked for it. since then I have not been picking up the phone and in the mean time i have recieved a letter from their office , informing me they are debt collectors and this is an attempt to collect a debt etc.. my questions are these.. should i send him a dv letter?, and should I send him something to prove I recieve SSI ? or should i do what I have been doing for the last couple of yrs- ignore the call and occasionaly tell them my sitch has not changed-no money for you. I am also concidering BK just to stop the maddness and start over. Thanks in advance for any advise on how to handle this.

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Hello Grama55,

First look at how old these debts are? When was the last time you made a payment on each of these debts?

Why I ask is that if they are out of SOL you might have something. Look under status of limitations above to see your state under those rules. If you are still in SOL plse read the Admin sticky under "Collections"... very good advise on how to handle collection agencies.

Please also look under social security insurance disability and collection agencies; either in search button above or google.com to understand how collection agencies work with benefits... you also need to understand how each debt is seen as a type of debt to collection rules.

Once you have decided what steps you want to do, come back to the board we are here to help!

Hope this helps a bit!:)

Take care

Suki

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The SOL in California is four years. The accounts that you mention as having made payments up until the end of 2004 are still within the SOL. I am not sure if the Capitol One card that the law firm is bothering you about is one of those cards or not. As it stands if you made payments on any of these after July of 2002 they are within the SOL.

I hope that helps you a little. Hopefully someone will chime in who can help you out with the garnishment on the SSI question. Do search the site though.

As far as DV'ing them, you should IMHO. If it's timely and they continue to contact you, they have violated the FDCPA and you will at least have some leverage as far as dealing with them. This is especially important of this account in question is still within the SOL for legal action.

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hi, thanks for you responses! the last payment made on this card in particular was nov of 04. the other 2 are around the same time in 2004 also. I will go and read the things you all suggested and then I'll come back with any questions for you guys. thanks again!! Lyn

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hi again,

so PeteDude, you know these guys?? the guy that contacted me by phone wanted me to fax him a copy of my SSI Dis benefit statement that I get once a year to prove that I am on SSI. I told the guy that I would get back to him, but I have not..and about 3 and half weeks ago I got a letter from them (form letter) stating that they were referred the debt by cap one and they were investigating the validity. and gave me the 30 days to dispute. Do you guys think I should go ahead and fax my SSI info to him?? He said once thy recieve that, then he will show it to their client to see what they want to do. It has my name, my ssno, and my benefit amount on it. I feel very uncomfortable giving him all this info. this debt charged off in june 05. I can go ahead and send a DV by email, or RENO2360 suggested I send an IMHO. I know what a DV is but not IMHO. I have been told befor that SSI was not income that could be garnished. I have been dealing with these stinkin collection agencies for so long, but this is the first attorney. I am so nervous now. any help is greatly appreciated!! Thx grama55

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Guest FloridaDebtor

le them sue you if you dont have other income or assets... i knew mine was safe and fought it only to have them dismiss it. they dont want to fight especially if they know that they dont have a case...have other options such as the requirements needed to prove their case and etc....

as for the garnishment...below is the law against garnishing SSI:

SSR 79-4: SECTIONS 207, 452(B), 459 and 462(f) (42 U.S.C. 407, 652(B), 659 and 662(f)) LEVY AND GARNISHMENT OF BENEFITS

20 CFR 404.970

SSR 79-4

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation.

Section 207 of the Social Security Act provides:

"The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

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hi again,

so PeteDude, you know these guys?? the guy that contacted me by phone wanted me to fax him a copy of my SSI Dis benefit statement that I get once a year to prove that I am on SSI. I told the guy that I would get back to him, but I have not..and about 3 and half weeks ago I got a letter from them (form letter) stating that they were referred the debt by cap one and they were investigating the validity. and gave me the 30 days to dispute. Do you guys think I should go ahead and fax my SSI info to him?? He said once thy recieve that, then he will show it to their client to see what they want to do. It has my name, my ssno, and my benefit amount on it. I feel very uncomfortable giving him all this info. this debt charged off in june 05. I can go ahead and send a DV by email, or RENO2360 suggested I send an IMHO. I know what a DV is but not IMHO. I have been told befor that SSI was not income that could be garnished. I have been dealing with these stinkin collection agencies for so long, but this is the first attorney. I am so nervous now. any help is greatly appreciated!! Thx grama55

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thank you so much for the info Florida, I dont have anything that is worth anything really. my 94 camry, my 5yr old computer. thats about it. I told the guy that he was "trying to squeeze blood out of a turnip" and his response was that he had seen it done before. I figured that my income was pretty safe.. if the IRS can't get it, nobody can.

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Guest FloridaDebtor
thank you so much for the info Florida, I dont have anything that is worth anything really. my 94 camry, my 5yr old computer. thats about it. I told the guy that he was "trying to squeeze blood out of a turnip" and his response was that he had seen it done before. I figured that my income was pretty safe.. if the IRS can't get it, nobody can.

its called CALLING THEIR BLUFF.....you might say you dont have the money or assets, and they might believe you or not...but if you dont, call them on theirs and make them call you on yours...you are protected by $1,000 in personal property so you can protect your camry. is nothing else then garnishing your SSI is not even possible...do you see what i am saying. they have nothing to collect or get from you. if they dont believe, let them figure it out later after they go to all the trouble. chances are they might give up before and save the time and hassle. but some of them have been known to do stupid things.

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hi again,

so PeteDude, you know these guys??

Yes, I've dealt with them. They won't wait, and they don't seem to completely follow the laws, either (like that's a surprise!).

FloridaDebtor and others have posted better and more detailed advice than I could give you for your situation. All I can add is-- don't wait!

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Grandma55,

I was sued by Winn & Sims and they were representing a big JDB. I had to hire a lawyer. But I won and the case was dismissed with prejudice. I had only talked to this people one time because they were offering to settle. The lady that I had talked to says people send them DV because they do not want to pay. I told her that it is our right to ask for validation under FDCPA.

I sent W&S a timely dv and they gave me a signed paper by someone from JDB that says yeah she owes the debt. They know they were wrong to do that. So, I sent them another letter stating that what they sent me was insufficient they answered that by suing me. Be very careful with these people. Keep track of everything that they send you. You are going to need all the records if they sue you. I am not trying to scare you but they like to sue. And if they are representing a JDB more than likely they do not have sufficient records.I looked them up they win by default judgement. My advice to you from my own experience with them DV them as soon as possible and keep good records. Good luck!

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thanks everyone, i just did my DV letter. its the one from the site here. i guess i will send it out by reg mail and wait and see what happens. i put my daughter on my checking account about 5 months ago, so they shouldnt be able to pull any funny stuff there. well, lets see what they do.......

if anyone has anymore info about these guys let me know, i appriciate it!!

thanks again...

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Winn & Sims, representing JDB Cavalry Portfolio, sued my mom last year. Unfortunately, mom didn't understand the process or how to deal with CAs, and didn't tell family until months later when I was advised it was too late to file for a vacate of judgment. I know if she'd responded to the summons they would not have been able to validate the debt nor their right to sue. Instead, they got a default judgment, and ultimately attached her bank account. However, I filed a claim of exemption because mom's sole income is from SSI and a private pension plan, both exempt sources under Code of Civil Procedure Section 704. Their response to the claim of exemption was that the funds weren't exempt. The judge ruled the funds were exempt and the levied money was returned to mom, which they weren't too happy about.

They will sue. Be sure to respond to the lawsuit if you are served. If you don't, they'll get a default judgment because they count on folks being too intimidated to respond or appear for the hearing. That's why it's so important to DV the CA. If they can't establish the right to collect, they have no legal right to sue.

If you can present yourself as being "judgment proof" you'll have a better chance of them letting the debt collect dust or accepting a settlement.

Good luck, Grama55!

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hi daisymay , thanks so much for your response. I am also on SSi disability.I sent out my DV letter on Sat. the 19. I have no prob appearing in court if they sue. I am glad your mom got her money back. I had a situation where the IRS levied my checking acct. and I made a huge stink and got all my money back , cuz they cant levy SSI benefits.. so after that happened, I protected my acct. I put my daughters name on there. I am just gonna wait and see what comes next from these guys, some of my new friends here have made comment that they are not very "law abiding". I am sure if the pull any "stuff" i will get great advise on what to do next.!! thanks again

keep any info comin', Gma

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I have no prob appearing in court if they sue... I am just gonna wait and see what comes next from these guys, some of my new friends here have made comment that they are not very "law abiding". I am sure if the pull any "stuff" i will get great advise on what to do next.!!

You don't indicate what county you reside in, but a suggestion is to check out the website for the court in your county. Some courts have some sort of case index database or in-person file that a debtor might want to monitor periodically for civil filings.

For instance, the court in Sacramento county has this website address: http://www.saccourt.com/ and it has a link to "Case Index" at https://services.saccourt.com/indexsearchnew/Disclaimer.aspx . The Case Index database is pretty current, within a few days of the filing. A person can research civil filings belonging to "Brian N Winn" or "Cavalry Portfolio" or "Capital One Bank" (or variations of the creditor's name)...to see when they file civil complaints...and also check under the debtor's name to see what's there.

This might give advance notice of a pending action and/or anticipated default judgment due to improper or non-service of a civil filing.

A little side note here--Just imagine a scenario where the debtor finds a civil filing is pending against him/her but they are never served, and the debtor shows up at the hearing anyway, much to the dismay of the CA atty who knows the service was not proper, and the debt was not validated! Surprise, surprise, surprise! Sorry, just couldn't resist an attempt at a little humor...

Anyway, just a suggestion to a fellow Californian...

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