debt2pay

Letters from attorney getting more aggressive-what next?

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Greetings,

Kind of embarassed that I've avoided dealing with my debt for so long but I am glad I found this site. I really have no idea how to proceed. I have read through most of the DV postings but am still confused.

I have 4 outstanding accounts (about 3-4 years old for all of them). They have passed through so many different credit collectors that I don't even know what is what anymore!

Recently I have been getting form letters from a law firm here in southern california (Winn Law Group) on an account which is now a little over $1000. I just received a more 'personalized' letter and really get the feeling I am about to be sued.

Is it too late to DV? I'm definitely way passed the initial 30 days from when they first started contacting me.

If they sue me, will this open a 'flood gate' as far as being sued for the other accounts. I am assuming that as soon as one vulture gets a piece of me the others will rush in as well!

I really don't know how to proceed and greatly appreciate any advice.

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Winn and Sims usually file suits for junk debt buyers like LVNV. I know from expereice that if you fight them, they will eventually decide that you are not worth the expense, but it depends on how much you supposedly owe.

They will still sue for $1000, but if you answer with a general denial, then demand proof with discovery, you should be able to get rid of them. Be sure to expect an "account stated" argument, which you can beat with whatever section of the FDCPA doesn't allow it for JDB's. (I don't hve it here in front of me right now.

You can also offer to pay what you legitimately owe (or less) at any time to avoid a lawsuit in the first place and get LVNV off your reports.

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There are a few stickies up there on defending yourself in court, and you should also register at creditboards to look in their "help, I've been served" section. The stickies there by Dixiedrifter are really good. Tell them I sent you, I'm their favorite person.

Also at debtorboards and infinite credit. They have the best legal minds, especially when dealing with junk debt buyers in court.

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Whenever I am past the 30 day point, I send DV with the letter stating....

Dear JDB,

I recently pulled an annual credit report. I saw your company listed. Given the fact that I have never received communication from you (they can't prove they did), I am requesting validation of this debt persuant to the FDCPA.

Regards,

Me.

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Thanks for the feedback everybody, much appreciated.

I was under the impression that once a debt collector had an attorney involved it was too late to DV. After readng through the stickies however it appears many people have proceeded by DVing both the attorney and the debt collector.

Should that be my next move?

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There are a few stickies up there on defending yourself in court, and you should also register at creditboards to look in their "help, I've been served" section. The stickies there by Dixiedrifter are really good. Tell them I sent you, I'm their favorite person.

Also at debtorboards and infinite credit. They have the best legal minds, especially when dealing with junk debt buyers in court.

This off the subject but you named like 3 different boards (debtorboards, infinite credit and creditboards) I am just curious what do these sites pertain to?:D

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Winn and Sims usually file suits for junk debt buyers like LVNV. I know from expereice that if you fight them, they will eventually decide that you are not worth the expense, but it depends on how much you supposedly owe.

Sorry for being so daft. I have been scouring the forums but have yet to find specifics as far as the next move I should make.

Can anyone point me to the type of letter I should be sending at this point? I'd like to get it out asap. Do I send it to the attorney and the debt collector?

Thanks.

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Sorry for being so daft. I have been scouring the forums but have yet to find specifics as far as the next move I should make.

Can anyone point me to the type of letter I should be sending at this point? I'd like to get it out asap. Do I send it to the attorney and the debt collector?

Thanks.

I usually respond like this:

I am in receipt of your letter dated [date]. I have enclosed a copy so that you may refer to it. This letter in response is to dispute this alleged debt, as I have no knowledge of an account with you, LVNV, or [the original creditor].

Send it CMRRR to go on record as disputing the debt. They will likely either go ahead and file suit, or send you some bogus affidavit from LVNV, hoping you won't realize that it is hearsay and inadmissible as evidence.

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I usually respond like this:

I am in receipt of your letter dated [date]. I have enclosed a copy so that you may refer to it. This letter in response is to dispute this alleged debt, as I have no knowledge of an account with you, LVNV, or [the original creditor].

Send it CMRRR to go on record as disputing the debt. They will likely either go ahead and file suit, or send you some bogus affidavit from LVNV, hoping you won't realize that it is hearsay and inadmissible as evidence.

Thanks for taking the time to help me with this Big Time. I am going to send out a letter tomorrow. Do I simply state that I am disputing their claim or should I elaborate by asking them to confirm the details (sort of a hybrid DV letter)?

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Hi Big Time,

Just checked my Equifax credit report online and it says that LVNV last reported my account 10/2007. Does that mean that I can DV them or do they just automatically report my accounts every month.

I also found out that they have another account of mine which is twice as much as the one they are going after right now. This mean the current CA letters are testing the waters for the next barrage?

Thanks for your time by the way!

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You can also offer to pay what you legitimately owe (or less) at any time to avoid a lawsuit in the first place and get LVNV off your reports.

I'm so confused on all of this stuff that i am thinking this may be the way for me to go.

I have read about 'pay for delete' but it seems like an urban myth! What do you mean by getting LVNV off of my reports?

Thanks

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You need a "dispute letter" or "debt validation" letter. Big Time gave good advice regarding looking up Dixies' posts on credit boards, however for a newbie it's overwelming.

Use the letters on this site (modify them if you want) and send them off CMRR.

Read this if you haven't http://www.creditinfocenter.com/rebuild/debt_validation.shtml

I use a modified version of this letter and remove the paragraphs that mention me taking legal action : http://www.creditinfocenter.com/forms/sampleletter9.shtml

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I will definitely check out that thread this evening. To be honest, all of this is pretty overwhelming but it is starting to make some sense.

Thank you for the example letters. Last question, am I sending this letter to the attorney or to LVNV (or both)?

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