Unifund C.C.R. Partners Had A Lawfirm Send Me A Default Letter

[rickman]

I received a notarized document from a lawfirm representing Unifund C.C.R. Partners. ( I live in Arizona by the way) It states that if I didn't respond within 10 days I would default. The problem was, I had no idea what they were referring too. What was I defaulting? There was no information in the notice. It said it was filed in another county (that I don't live in). There was a notary's signature and stamp but there was no date or signature from the clerk of the court. Anyways, I called the lawfirm that sent the letter and asked what the notice was in reference to and they said a credit card from 2000, my wife's name is on the card (I had no idea that she had this card as we cleared up all of "her" acquired debt around 2002 or so). Now out of the blue comes this notice. We were never served any papers by anyone. I asked the lawfirm representative how we were properly served and she read back a telephone message that I do recall hearing on the answering machine several months ago. But that is not being properly served.We received that lawfirm notice Oct. 5th, 2008. My wife called and worked out a settlement (without my knowledge). We got the papers from the lawfirm and it does not state what the original debt was for, no account number or who the original creditor was. I told the wife not to sign it (it also has a place for me to sign the agreement). I know Arizona is community state.

1) Shouldn't they have sent a Debt Validation within 5 days? (never received anything from anyone).

2) Is the default letter considered official notification? (I want to send them a letter requesting Debt Validation)

3) Is the default letter legit? (Filed in a different county than where we have always lived, not signed or dated by a court clerk, does not specify what we are defaulting on) Also by filing in a different county makes it difficult to respond to in a timely fashion. Shady tactic if you ask me.

4) This is not a judgement. Do I have to sign the agreement my wife made over the telephone even though it is not a court ordered agreement?

5) Shouldn't the payback agreement from the lawfirm state the original creditor and address along with the account number? The wife said it was so long ago she doesn't have a clue what it was.

6) Since a lawfirm is handling it, should I be talking/writing to them?

Based on the amount, it wouldn't pay for me to hire an attorney as it cost more for legal fees than just paying the settlement. I just wonder if it's a legitamate debt collection.

Whew! Sorry for the longwinded posting. Just that something doesn't look or feel right about this. I'm not saying the debt isn't owed, it's just that we thought we took care of this mess back in 2002.

THX in advance.

[rickman]

Well, I found the answer to one of my questions.

Fair Debt Collection Practices Act

As 15 U.S.C. section 1692i(a) states,

(a) Venue

Any debt collector who brings any legal action on a debt against any consumer shall—

(1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity—

(A) in which such consumer signed the contract sued upon; or

( in which such consumer resides at the commencement of the action.

So evidently, the lawfirm representing Unified here has committed a violation by filing court paperwork in a county that I don't or have ever lived in.

What does that do for me?

[swirlgirl]

Just check the court's website to make sure they don't have jurisdiction over the county you live in. It could be a regional court.

[Recovering Attorney]

please go see a lawyer. By the time you internet this out, you'll be in default

[rickman]

I took the Default letter to the courthouse and asked about the status of it. The court clerk informed me that the case was dismissed without prejudice 5 months previous. They can refile though. But the paperwork they sent me initially and afterwards referred to the doc# that had been closed earlier. I went and retained a lawyer (has experience going after this type of collector)and was informed that they had violated several parts of the FDCPA. The attorney is taking care of it now.

Bottom line, depending on the amount involved, it would probably be in your best interests to hire an attorney. It's too hard to weed out the good info over the questionable info on these boards.

But thanks to everyone who responded.

[mshane]

Oh man! That's pretty hard. I am not really versed with any legalities . Maybe you can just verify this with the feds in your state. I hope you're doing well now.

[Guest usctrojanalum]

I read this whole thread and it took me until post 6 to realize it was 2 years old

[Slippy]

I read this whole thread and it took me until post 6 to realize it was 2 years old

Uh.. Don't feel so bad I did the same thing.

[admin]

I took the Default letter to the courthouse and asked about the status of it. The court clerk informed me that the case was dismissed without prejudice 5 months previous. They can refile though. But the paperwork they sent me initially and afterwards referred to the doc# that had been closed earlier. I went and retained a lawyer (has experience going after this type of collector)and was informed that they had violated several parts of the FDCPA. The attorney is taking care of it now.

Bottom line, depending on the amount involved, it would probably be in your best interests to hire an attorney. It's too hard to weed out the good info over the questionable info on these boards.

But thanks to everyone who responded.

Good for you. I can't believe how blatantly they flouted the law.