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Threatened to be sued. What's next?


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Hello to all. First, great site, very helpful. I got my first call from a CA representing a credit card debt and they threatened to sue me for non-payment.I don't know who they were, aparently they just aquired the account.Do they have to notify me in writing of the debt or of their intent, or will I find my assets gone and bank account seized first? Sorry if this was previously asked, but after hours of reading through posts, I haven't made a dent in the info available. Thanks for your help.

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1 you need to check your credit report to see what account they are referring to. If it's inside of sol I personally have no advice.

SOL - statute of limitation- Find out what it is for your particulat state.

If it's outside of sol I would send them a DV . They can't sue legally if they get a DV and it's outside of SOL. If they do you have to answer any summons or risk a default. It's up to them to prove you owe it .

2 They have to actually serve you using either local sheriffs , process servers or publish the summons in the news paper if they cant locate you. Meaning they have to actually put it in your hand or in the hands of someone over 18 that can be responsible for recieveing your mail.

3 Dont make any deal with them over the phone. and you may want to get a digital recorder. A lot of people know how to defend themselves in court . I personally recommend doing a search for a lawyer that specializes in consumer laws.

They cant garnish anything unless they actually get you in court and win . Just pretty much call harrass , threaten and intimidate

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Threats to sue by a CA are violations of the FDCPA almost all the time.

A collector may not "[threaten] to take any action that cannot legally be taken or that is not intended to be taken. "

Debt collectors cannot initiate a lawsuit because they have no legal standing to sue. They are not the harmed party. The creditor is. Therefore a threat to sue is something they can't even follow through on (not intended to be taken).

A collector also violates the FDCPA by threatening suit because the law forbids "the false representation or implication that any individual is an attorney or that any communication is from an attorney." Since collectors are usually not attorneys, threats to sue or to advise their client to sue violate the law. They are not lawyers so any threat or advice to their client to sue would be an illegal practice of law.

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Thanks for the fast responses. I know what account they are refering to, and I was told by the OC that it would be charged off the end of Dec. Now I have these clowns calling. Maybe threatening to sue was a bit stong, but they definately keep stressing "do you want to take care of this out of court or not?". So am I correct to understand that now that the OC has charged it off that the CA (RMI) can't sue or get any type of judgement ? (florida)

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Yes, I can see where not talking to them would be good. They record everything. And as far as the DV, I already discussed the settlement offer with the CA that I had with the OC (that the OC declined). So I guess that admits the debt. So STAY OFF THE PHONE. I get it now. Late, but get it. Can they just get a judgement, or can they seize assets and sell?

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Stop!

Before you do anything else, read the FDCPA as well as your state's laws regarding debt collectors. You already have this CA in violation, as Methuss pointed out.

Do not respond or send a DV at this time. Wait for the letter as requred by law. While waiting for this letter, and while still fresh in your mind, sit down and write out exactly what occurred in the phone call. You want the date, time, name used by the agent, and main points of conversation. No need for each word except the words used regarding the threat. Why you don't need each word otherwise is by noting the main points, the rest will follow, when describing in a letter, or in court.

Once you receive this letter, you will generate your DV. But, in this DV, you will include the phone call and what was said by their agent. Then, of course, you go on to include how this is a violation and that you retain all rights afforded you in the FDCPA. Do not threaten them at this time. You are only putting them on notice as to their agent's violation. Then go on to request their right to collect, and all other required information. Now, if you do not receive a letter within at least 14 days, do the same, but, reword your DV as to your concern of what was said, and, of course, your wanting proof of debt.

Remember, as Methuss stated, this phone call and demand, along with threats, is illegal, period. You must be afforded your right to dispute before any action takes place. If this debt is assigned, then their proving debt is good, but, if they are a JDB, their chance of proving debt is very slight, as most do not receive any proof from the OC, only account number, name, and amount due. If this CA/JDB does file, do not worry, just let us know.

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They are required to send you a notice of your rights under the FDCPA within 5 business days of initial contact. Read the FDCPA. It will take about an hour or less.

Retmar gave good advice, except I would not tell them about the violations they have already committed. Give them some rope. Also, when you write your DV, do not use a form letter. Write it in your own words. Dont try to sound like a lawyer.

This CA is licensed in Florida as a debt collector:

ENCORE RECEIVABLE MANAGEMENT INC

License #CCA 0500218

400 N ROGERS RD

OLATHE , KS 66062

(913)782-3333

Federal Employee ID number 431871544

Registered Agent:

LEXIS DOCUMENT SERVICES INC.

1201 HAYS STREET

TALLAHASSEE FL 32301

Officers:

Treas

VALENTINE, ANDRE

201 EAST FOURTH STREET

CINCINNATI OH 45202

Pres

PANIK, STEPHEN M JR.

400 N. ROGERS ROAD

OLATHE KS 66062

Sec

JONES, DOUG

201 EAST FOURTH STREET

CINCINNATI OH 45202

Director

HUNSAKER, CHAD

1065 WEST LAVOY DRIVE

SALT LAKE CITY UT 84123

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Divemedic,

Thanks for catching that as I had intended to delete the part about violation for now. What I was trying to accomplish is that "chased" would simply include the conversation so as to assure the "bosses" knew what transpired on the phone, nothing more. This way, by having info on paper, the paper trail has begun in compiling violations. Thus, once the DV is received and response, if any, proves debt, then "chased" would claim the violations to assure a lesser settlement or total writeoff and deletion. Plus, if no written is received, the DV, sent by CMRR, of course, would clearly demonstrate to the CA that initial contact by phone was made, not letter. It basically puts them on notice as to their screw up. Remember, the time period for them to be in compliance had passed, so unable to "create" compliance.

Thanks for identifying the CA.

To include, as I forgot to mention this earlier, in the DV letter make it clear that no phone calls will be accepted, only written communications sent by US Snail Mail.

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Retmar, when you wrote "Plus, if no written is received, the DV, sent by CMRR, of course, would clearly demonstrate to the CA that initial contact by phone was made, not letter. It basically puts them on notice as to their screw up. Remember, the time period for them to be in compliance had passed, so unable to "create" compliance". Could you explain this further? I am not sure I understand how to keep them from covering their tracks of non compliance. Thanks

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It has been found over time that CA's will do what they can to cover themselves. An example is a consumer would respond in writing and sign their regular signature. The CA, never having any proof of debt, would forge the signature to show debt is valid.

As in your case, if you do not receive the written as required, then send your letter by CMRR including the conversaton, you have cut them off. True, they could claim they sent the letter, but, you could also say "prove it". Even though the courts "assume" a CA does as they say, most CA's place a piece of heavy paper in the file, which is lined, so an agent can show the time involved on that particular account each time they worked it. You get the drift. They're easy to cross up when you nail them. Remember, it is not that easy to back date a meter, or write above the first line on the paper.

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