Lots of questions

[DazedConfusedMD]

Hello everyone,

I am currently away and my wife said that a letter from collections came in (credit card debt).

I paid the collection agency some money over 2 years ago and we settled on monthly payments which haven't been paid for the past year.

I lost track of the original amount that was owed and they now want some outrageous amount. I don't think the letter that came in is a court paper, but where do I go from here? Continue making payments?

Please sos!

[retmar]

Do not pay them anything right now. A couple of questions.

1. When did this debt go bad?

2. Who is the collector?

3. Do you still have your records of previous payments?

I am going to assume the current letter does not note the 30 day to dispute verbiage as you had made payments earlier. No matter.

If debt is more than 3 years old (your SOL), send them a C&D to go away as they have no legal recourse to debt. BUT, you must check your state's laws first to assure you did not reset the clock by simply making previous payments. In short, is a "new signed contract" required to reset SOL?

If debt is within the SOL, you will need to let us know the name of the collector, to determine which way to go. I'm fairly sure it was sold and you are dealing with a JDB. Either way, what you will do is compose a letter wanting them to prove the validity of the debt as well as how they arrived at the amount claimed, such as interest, fees, etc. Do include the amounts you paid earlier to demonstrate to them you keep records. This tends to stop them from ripping you off, so to speak. Do not say as to why you stopped paying for now. Do understand that they may try and repsond to you that they do not have to honor your DV. They are incorrect. FDCPA 807(8) does not require the 30 day written period. All that is necessary is for them to have knowledge of your dispute. At the same time, though they may claim your DV failed the FDCPA 809( requirement, they must understand that the statute only says "they may assume", nothing more. Plus, © also protects you if it went to court.

[thomassl]

I agree with RetMar. The SOL for your state is 3 yrs., however, if you made payments over one year ago, you did reset the SOL.

[retmar]

As to prior payments resetting SOL, it all depends on your state's laws. Some states require a written contract to reset clock, while others consider a payment is sufficient.

[rjnjr1019]

how do you know which yours state conciders opening sol ohio here

[someonesomewhere]

Check to be sure the CA is licensed to collect in MD. If not, that's perhaps something for which you can sue them. Give yourself leverage to negotiate a PFD.

http://www.dllr.state.md.us/finance/consindex.htm

[retmar]

Go to your state's laws to find the answer. Usually, it will be in revised statues or civil codes. On occasion you may also check code of civil procedures.

[DazedConfusedMD]

Well, finally got to reviewing the letter. Turns out this is a different account, because the one I brought up initially was handled by Wolpoff.

This is a letter from Capital Recovery Service, demanding a payment in full on behalf of Citibank Judgements.

I have 30 days from 3/31 to dispute the validity and I have no idea what to put in a letter and would appreciate any help as I need to prolong this as long as possible, so that I could have time to get the amount and pay this once and for all.

Thanks in advance.

[DazedConfusedMD]

I agree with RetMar. The SOL for your state is 3 yrs., however, if you made payments over one year ago, you did reset the SOL.

What if payments were made more than 3 years ago and I'm within the SOL and ALSO, if payments were made from my son in law's checking account? Or that doesn't matter?

[someonesomewhere]

if you made payments over one year ago, you did reset the SOL.

Are you sure about that? Maryland's laws are somewhat consumer friendly, and I know the SOL reset issue varys by state. In some states payment resets SOL, in others it does not.

[DazedConfusedMD]

Also, what does DV stand for in the "DV letter"?

[MadinKS]

Welcome Dazed. Have you read the Primers yet? If not, you should read the posts here before you get much further. http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=187

And the abbreviations can be found in this post. Hope it helps. Good luck.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=247970

[DazedConfusedMD]

Thanks, Madin. I've tried searching the forum on basics of starting a dv letter, but didn't come up with anything.

[MadinKS]

Alot of people will say not to use the templates. Make your letters simple and to the point. I dispute this debt, you need to send me proof it's mine, yada, yada. Send them CMRRR and keep all receipts and green cards. If you need a template for ideas, there are all the templates you need right here.

http://www.creditinfocenter.com/forms/

[someonesomewhere]

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=264049

[DazedConfusedMD]

Someonesomewhere, those are same links that MadinKS posted. Thanks!

[retmar]

I don't think a check from your SIL's account will make any difference. I would assume that as long as "A" payment was made to a specific account number, it would not matter as to where it originated.

Most definitely DV the CA. Besides your wanting to postpone this, which this will allow as it could take some time to prepare and return, you also want to know how they arrived at the amount claimed, etc. Most of all is you want to know if it is a JDB or an assisnged debt. Why is due to if you are violated sometime during your process, you can use this as leverage, if a JDB, in settling for a lesser amount.

[DazedConfusedMD]

IMost of all is you want to know if it is a JDB or an assisnged debt. Why is due to if you are violated sometime during your process, you can use this as leverage, if a JDB, in settling for a lesser amount.

The letter says to make check/money order payable to Citi, so am I correct to assume that this is not a JDB?

[retmar]

Yep, no JDB involved at this time.

[DazedConfusedMD]

Yep, no JDB involved at this time.

Would this be a good or a bad thing for me?

[retmar]

The bad part of this is being able to settle for great amount. Most OC's do not discount settlement at all, or will only remove overlimit and late fees. Yes, you can still offer what you feel is respectable. An example is offer $.50 on the dollar and that they reage account, deleting all lates reported. then go from there. They more than likely will respond with a big "NO", but, you then counter back at maybe $.60 on the dollar. Remember, all they can say is no.

The good part is you don't have to worry too much about being violated, plus, you only have one negative TL, instead of two, to deal with.

[DazedConfusedMD]

Thank you, Retmar, again. I'm sending the DV letter today and will keep everyone here posted

[DazedConfusedMD]

Ha! Just realized that letter will be going out to a P.O. Box, so I won't get delivery verification by sending it via FedEx or UPS. Any ideas if USPS will give me confirmation of delivery to a P.O. Box in any way?

[MadinKS]

They will. Whoever has to pick up the mail from that box will have to sign for the CMRRR. Several of my returned green cards are from PO Boxes.

[retmar]

What happens when you send a CMRR to a PO Box, the post office places a note in the box for them to come to counter to pick up. Remember the little brown piece of paper you get when one is sent to you. At that time, they must sign for the letter. The only downside is that sometimes no signature is given, only a date, or a quick scribble. Do not fret as this is sufficient to show proof of delivery. The PO stamps the date on the green card, plus, you'll go to the USPS site and print out the delivery proof there, for added support.