Aerovette Posted January 7, 2008 Report Share Posted January 7, 2008 I have been through this before, but still get flustered when they call. I got nervous and forgot all that I read here long ago.I had a JDB call me at my office a minute ago on a debt that I know to be time barred. He introduced himself as being with an attorney that is about to file legal action against me in my county. I simply told him to do what he felt he had to do. He asked if I was aware of the debt and I said it was time barred. He told me it is not and they have until the end of the year. I informed him that his information was incorrect and if he felt the need to go to court, then he should do so. He asked if I had a lawyer and I informed him I would not need one. He wished me luck and hung up. Did I blow it? What should I have said? Link to comment Share on other sites More sharing options...
willingtocope Posted January 7, 2008 Report Share Posted January 7, 2008 You did good!The only thing I would say is don't talk to them in the first place, but, other than that, you handled it well.(IMO, when you're in the "debtor" mode, you need to have caller ID and voice mail on your phone. If its not someone you recognize, don't answer...let the voice mail pick it up...you can choose later whether you want to talk with them. (And, yes, I know, its sometimes tough not to just pick up the phone, but you need to be strong)). Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted January 7, 2008 Report Share Posted January 7, 2008 I think you handled it well.About the only thing that might have been better would be if you had gotten his mailing address so that you could fire off a C&D letter immediately - hopefully, they'll send a dunning letter as required and then you can send the C&D then.Regardless of their bluster on the phone; JDBs and their ilk are, I think, a lot less likely to file a lawsuit if they know the consumer is an informed one and beleive that he/she has the ammunition to back up their defense of the debt being past the SOL.(I am assuming of course, that you can substantiate that the debt is past SOL) Link to comment Share on other sites More sharing options...
andbowd Posted January 7, 2008 Report Share Posted January 7, 2008 Thanks I needed to hear this about lawyers. AB Link to comment Share on other sites More sharing options...
Aerovette Posted January 7, 2008 Author Report Share Posted January 7, 2008 I think you handled it well.About the only thing that might have been better would be if you had gotten his mailing address so that you could fire off a C&D letter immediately - hopefully, they'll send a dunning letter as required and then you can send the C&D then.Regardless of their bluster on the phone; JDBs and their ilk are, I think, a lot less likely to file a lawsuit if they know the consumer is an informed one and beleive that he/she has the ammunition to back up their defense of the debt being past the SOL.(I am assuming of course, that you can substantiate that the debt is past SOL) A previous JDB already tried (and failed) to collect on this debt. I have recordings from them telling me the DOLA is March of 2003 (which was STILL contrary to bank records stating 2002) The account was charged off in 2002. I recorded many conversations with the previous jerks and when I informed them that a) I was recording them, and that they called while I was holding my green post office card for my C&D, they crawled back under their rock. They obviously found some sucker to buy this from them and here we go again. I can't afford an attorney to get rid of them. They are an attorney working on behalf of MARSHALL & ZIOLKOWSKI. They did a hard pull on my credit. Can I get that removed? Link to comment Share on other sites More sharing options...
Aerovette Posted January 7, 2008 Author Report Share Posted January 7, 2008 I think you handled it well.About the only thing that might have been better would be if you had gotten his mailing address so that you could fire off a C&D letter immediately - hopefully, they'll send a dunning letter as required and then you can send the C&D then.Regardless of their bluster on the phone; JDBs and their ilk are, I think, a lot less likely to file a lawsuit if they know the consumer is an informed one and beleive that he/she has the ammunition to back up their defense of the debt being past the SOL.(I am assuming of course, that you can substantiate that the debt is past SOL) I just want to make sure they don't find some sneaky way to get a default judgement or something. The last guys claimed to have sent me debt validation when I know they didn't. They gave me a date over the phone that was PRIOR to the date they acquired the debt ! Link to comment Share on other sites More sharing options...
insomniac Posted January 8, 2008 Report Share Posted January 8, 2008 Here's the link to these bottom feeders from Bud Hibbs. Good info. They are not lawyers.http://www.budhibbs.com/debtcollectorpages/marshall_ziolkowski.htmWow, these guys are class acts. At least companies like Brachfeld & Associates are headed by an actual lawyer, even though they're just debt collectors like everyone else. Link to comment Share on other sites More sharing options...
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