When debt has been transferred to law firm in my state, is it certain they'll sue?

[NeedRelief]

When things get to this stage, without responding to their letters, is it highly likely they're prepared to take me to court? Debt buyer who purhased my debt from original creditor is the one who sent my information to local law firm.

[tsegnit]

... it's happening to me; your state/circumstances may be different...

[IHateCAs]

I wouldn't say it's a certainty, but if the debt is not OOS and its in the hands of a lawfirm that practices in your state, you should be more concerned about that.

[kevin3344]

without responding to their letters

Always respond to their letters! DV them just like you would any other CA.

Cavalry called a local atty in my state, and I immediately asked for validation. I usually don't speak to CAs on the phone but it's been so long I just wanted to mess with them. About 2 weeks later I got copies of a debt from 1998. Out of SOL for NC (and NY by the way).

I sent them a DV with a C&D by mail as well and copied the AG. I sent a letter to the AG because (1) they didn't send me written communication within 5 days of initial contact, and (2) they also did a hard pull of my CR. Cavalry updated my CR the month after, so in my mind the local atty didn't have PP.

So now the local atty has 10 days to get back to the AG...I'm sure they thought they would just do this for Cavalry and move on. The key is to make life miserable for them (BBB, AG) so they don't just sue you and move on. If they sue you, of course, answer the summons. But if they sue me, I have a NACA atty already lined up...

________

BONG

Edited September 9, 2011 by kevin3344

[NeedRelief]

Always respond to their letters! DV them just like you would any other CA.

Cavalry called a local atty in my state, and I immediately asked for validation. I usually don't speak to CAs on the phone but it's been so long I just wanted to mess with them. About 2 weeks later I got copies of a debt from 1998. Out of SOL for NC (and NY by the way).

I sent them a DV with a C&D by mail as well and copied the AG. I sent a letter to the AG because (1) they didn't send me written communication within 5 days of initial contact, and (2) they also did a hard pull of my CR. Cavalry updated my CR the month after, so in my mind the local atty didn't have PP.

So now the local atty has 10 days to get back to the AG...I'm sure they thought they would just do this for Cavalry and move on. The key is to make life miserable for them (BBB, AG) so they don't just sue you and move on. If they sue you, of course, answer the summons. But if they sue me, I have a NACA atty already lined up...

Thanks Kevin and Ihate, I'm looking for sample validation letters now, as well as letters I could send to work out a monthly payment arrangement on the debt. In the letter sent by the law firm, it stated they would be willing to work out monthly arrangements or a settlement. My last payment on this debt was August 2002, so there are still a few months left for SOL on this credit card debt in my state.

[kevin3344]

In the letter sent by the law firm, it stated they would be willing to work out monthly arrangements or a settlement

Oh I'm sure they would! First things first, DV them and see if they can even validate. There is an excellent DV letter on this site, look for the link at the top of this board.

Personally, I've never paid a CA anything - and I would think long and hard before paying a debt that is 5 years old - so only settle as a last resort.

________

Sunset Boulevard Residence Pattaya

Edited September 9, 2011 by kevin3344

[NeedRelief]

Oh I'm sure they would! First things first, DV them and see if they can even validate. There is an excellent DV letter on this site, look for the link at the top of this board.

Personally, I've never paid a CA anything - and I would think long and hard before paying a debt that is 5 years old - so only settle as a last resort.

When I find a letter I plan to send it to request validation. I did contact the original creditor for this credit card and was told it was sold to the debt buyer who now has a law firm contacting me. So to my knowledge the debt buyer now owns the debt with the full rights the original creditor once had. Also, if the law firm takes awhile to sue, how can I prove the debt is past the statute of limitations. My credit reports confirm that my last activity and payment was August 2002, which is what I also remember.

[unusualsuspect]

Make the LF/JDB prove that they have those full rights. Write the letter and make them validate. If they are worth their salt, then they will send you everything you ask for. If they don't then you really don't need to worry. If they can't validate now then there's a chance they won't be able to in court. The SOL is almost up and you could just stall by snowing them with various requests.

[NeedRelief]

Make the LF/JDB prove that they have those full rights. Write the letter and make them validate. If they are worth their salt, then they will send you everything you ask for. If they don't then you really don't need to worry. If they can't validate now then there's a chance they won't be able to in court. The SOL is almost up and you could just stall by snowing them with various requests.

Hopefully, this one won't be able to validate. I tried this with another JDB, and they provided everything, even some items I didn't ask for.