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When is it to late to send a "Validate Debt" letter?


jetscarbie
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I posted this in the Wolpoff thread and it was suggested that I start a new thread for this question.

I have been dealing with Wolpoff for awhile now. 11 years to be exact but they don’t always use that name. Right now they are using Hawker.

My husband had a Providian card a long time ago and due to arguing with Providian over excessive fees, he quit paying.

2 Weeks ago, we received a sales solitaion letter from an attorney saying he heard my husband was going to be sued in our county court. We threw that letter away. 2 days later the post office tried to deliver a certified letter. Didn’t sign for it.

In our county, you can go online to the courthouse and see if you have any suits or fines against you. Sure enough, THERE IT WAS. Hawker suing but it only showed that they were sending something certified and the case number.

My question: Is it too late to send Hawker a “Validate Debt” letter? Or should I just wait until court?

I also checked husband credit from all 3 bureaus. I am disputing a lot of the information on there. Providian and the collectors they hire have really hit husbands credit report good with wrong amounts, wrong information, duplicates, and the same accounts just with different creditors.

Is there any other advice or anything else I could be doing? Thanks for any and all help

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I posted this in the Wolpoff thread and it was suggested that I start a new thread for this question.

I have been dealing with Wolpoff for awhile now. 11 years to be exact but they don’t always use that name. Right now they are using Hawker.

My husband had a Providian card a long time ago and due to arguing with Providian over excessive fees, he quit paying.

2 Weeks ago, we received a sales solitaion letter from an attorney saying he heard my husband was going to be sued in our county court. We threw that letter away. 2 days later the post office tried to deliver a certified letter. Didn’t sign for it.

In our county, you can go online to the courthouse and see if you have any suits or fines against you. Sure enough, THERE IT WAS. Hawker suing but it only showed that they were sending something certified and the case number.

My question: Is it too late to send Hawker a “Validate Debt” letter? Or should I just wait until court?

I also checked husband credit from all 3 bureaus. I am disputing a lot of the information on there. Providian and the collectors they hire have really hit husbands credit report good with wrong amounts, wrong information, duplicates, and the same accounts just with different creditors.

Is there any other advice or anything else I could be doing? Thanks for any and all help

Unfortunately, you're in a 15 year SOL state (ridiculous) so they can keep going until that time has passed. If there is a case against you now, it's too late to DV. What are the laws of summons in your state? I suspect the next option is going to be to serve you by sheriff and/or post it on your door. Dodging it will not get you too far, since you need to know what they are claiming in order to know how to defend yourself.

Good Luck!

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Thanks for the reply. WOW! Ohio is 15 years? Unbelievable.

The debt was originally made in Louisiana. We moved here about 7 years ago. I don't guess that makes a difference.

We are meeting with an attorney Wednesday because we felt like this might end up being more than we could deal with, especially with all the underhanded stuff I have been reading about Hawker and their million named companies.

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Thanks for the reply. WOW! Ohio is 15 years? Unbelievable.

The debt was originally made in Louisiana. We moved here about 7 years ago. I don't guess that makes a difference.

We are meeting with an attorney Wednesday because we felt like this might end up being more than we could deal with, especially with all the underhanded stuff I have been reading about Hawker and their million named companies.

One thing about the SOL is that by the description, CC's are open-ended accounts. However, some states have ruled that CC's are written agreements. You might want to look into that further with your attorney. Good luck.

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I finally seen an attorney Wednesday.

Hawker put a suit on me for $1395.94 for an old account with Providian. They filed these papers on May 18, 2007.

These were filed by attorney J B & R..attorney at law

The next day it gets interesting. We received a new letter in saying that Hawker transferred the account to Palisades Acquisition XVI, LLC and the balance is now $ 1481.94. Guess who the attorney that is handling the case for Palisades? J B & R...attorney at law.

It says in the new letter:

This letter is not a demand for payment: it is a notice of assignment, and is given on behalf of our client Palisades. Although we are a law firm and have also represented Hawker, this letter was generated without an individual attorney personally reviewing the circumstances of your account, to inform you of recent assignment. Effective March 13, 2007 any payments on file number above will be credited to your account with Palisades.

Notice the dates. Hawker filed suit on May 18, 2007 but had already transferred the account on March 13.

Both are listing the accounts on all credit bureaus. Also Arrow use to collect for Providian and they still have on credit report that they own it. So my husbands Providian account is on all his credit reports, reported by 3 different companies plus Providian.:twisted:

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