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HELP! I'm About To Be Sued(?)


eag2129
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Hi everyone,

I'm kind of new to this site, so I'll try to be as detailed and brief as possible.

I made the mistake of signing up at Bally's Total Fitness, not once, but twice, in the Summer of 2004. After signing up the first time, I told them to cancel my account within the three-day period as per the contract. I thought they did, but they didn't.

Now I'm facing Professional Recovery Systems. I have avoided them, and now I am being threatened with a lawsuit. And I think they're serious. I don't want to go to court and face a judgment. I am trying to settle with them and clear my name, so to speak. But they won't budge.

I am going through the process of debt validation, but I am so afraid that they'll come up with the contract. Has anyone faced PRC? Has anyone here gone to court with PRC or their assigned attorneys? I need help, and at this point, I'm desperate. I want to satisfy this debt, somehow, someway. I'm tired of running away, but am I too late?

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Hi everyone,

I have avoided them, and now I am being threatened with a lawsuit?

Hey, it can be very upsetting, but settle down a bit...one step at a time. Many of us have been there, we'll try to help.

Why do you think you are being sued? Did they send you something?

-r

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Thanks! Desperation has a way of clouding objectivity.

Apparently (meaning according to them), the account is over in their legal department and is assigned to an attorney in my local area. But I have not received any paperwork stating that I am being sued. I am hoping they're blowing smoke, but I think they're not.

I've seen reports of successful counter-actions and settlements against CAs, and I'm hoping to be one of them. Should I do a DV, even though it is past the accorded time per the FDCPA? Should I hire an attorney? I am pretty much broke and have little, if any, assets to my name (i.e. no car, no house, etc.). All I have are unsecured cards and federal student loans.

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Thanks! Desperation has a way of clouding objectivity.

I've seen reports of successful counter-actions and settlements against CAs, and I'm hoping to be one of them. Should I do a DV, even though it is past the accorded time per the FDCPA? Should I hire an attorney? I am pretty much broke and have little, if any, assets to my name (i.e. no car, no house, etc.). All I have are unsecured cards and federal student loans.

Yes, you should DV them, but they are not obligated to respond. Write and ask them to send you some proof of the debt, you don't even need to mention the FDCPA. Just something along the lines of "I'd like to take care of this matter ASAP. But as a practical matter, I'm not sure the debt is mine, please send documentation and explain how you calculated the debt."

How much is the debt?

-r

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Well, between both accounts, I'd say about $2,500. The one that they're threatening to sue on is about $1,350. The other one is about $250 less.

I will go ahead and send the DV letters. I just hope they don't pull a Houdini and magically obtain the contract.

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