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Untimely DV in Illinois RE: Mitchell N. Kay


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Checking my credit report, I've got a ~$900 collections account from Cap. One (on a $300 limit card, somehow) that from what Capital One told me has been sold to Plaza. I did an online dispute (I'm sending a second one by mail) with all 3 bureaus and the next day I got a fairly angry voicemail on my fiance's cell (how they got that number, I'll never know.) They didn't identify themselves at all on the message (not even the 'this communication is in regards to a debt etc etc) and the guy on the other end was, put simply, a jerk.

I decided to give them a call on a throwaway prepaid cell of mine and was immediately told I could settle for $500 or pay the whole thing in installments. I mentioned wanting to validate the debt first and the rep said I was out of time to do so. Now, from reading these forums I know that's not the case, just that it's an 'untimely' DV since they claim to have sent a letter to me about this years ago to an address I haven't lived at since 2002. I don't have much interest in paying this debt, at least at the amount they claim I owe. Does the 1-2 punch work/is it worth doing for untimely DV? Am I afforded any additional protection from Illinois law? I've still got a little over 4 years left on the SOL so I'd like to take care of this however I need to.

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Am I afforded any additional protection from Illinois law?

As far as I know, the answer is "no." This state doesn't have debtor-friendly laws like Texas and a few others.

Capital One has been known to sue people for relatively small amounts, though I'd still be surprised if they wanted to take anyone to court for less than $1000. You may want to see if it's not too late to work out a settlement directly with them (in writing, of course). Has the debt actually been sold to Plaza or just "assigned for collection"? As has been stated above, the CA is scum and won't help you.

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As far as I know, the answer is "no." This state doesn't have debtor-friendly laws like Texas and a few others.

Capital One has been known to sue people for relatively small amounts, though I'd still be surprised if they wanted to take anyone to court for less than $1000. You may want to see if it's not too late to work out a settlement directly with them (in writing, of course). Has the debt actually been sold to Plaza or just "assigned for collection"? As has been stated above, the CA is scum and won't help you.

The account on my credit reports just shows as charge-off with Cap One (no sign of Plaza/Mitchell N. Kay) and when I called the OC they referred me to Plaza who have Mitchell N. Kay's folks calling me. Since Mitchell is calling me but they're not on my report as the holders, I'm getting the feeling this is some form of violation I'm not aware of.

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