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Winn Law Group Action


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I received a non-registered letter from the Winn Law Group in Fullerton, CA on July 21st, 2009 for a Motor Home that was repossessed last August and sold at auction for a price less than what I was going to sell it for. The amount due is $110,000. I have successfully settled with B of A on one credit card, but still owe nearly $46,000 on other un-secured debt. I am presently working with an attorney to restructure my mortgage payments to remain in my home. I am in sales and am concerned that the Law firm will try to take my vehicle as collatteral. Please advise as to what should be my first step.

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This isn't an area where I'm especially knowledgeable, but I'll give it a try.

Let me see if I understand the situation:

You owed money ($110,000?) on your motor home. You got behind on payments, so they repossessed it. They sold it for less than the amount owed, and now Winn Law Group is trying to collect on the difference. Am I right so far?

First off, the letter from Winn should have told you how much you owe and who you owe it to, and it should have included the Verification Statement from the FDCPA, which informs you of your right to dispute and request verification.

Does the original creditor still own the debt, or has it been sold? Do you agree with the amount claimed, or did they sell the RV for an unreasonably low price?

Regardless, your response should probably be to send what we call a DV letter to Winn. This stands for Debt Validation. You will dispute the debt, and ask for verification, which should include an accounting of how the amount was arrived at. If the debt has been sold, proof that the new owner indeed owns it.

The next step depends on their response, if any.

If everything is on the up-and-up, and Winn is following the law (not to be taken for granted) then one option is to try to negotiate a settlement. Obviously, however, you shouldn't agree to something you can't afford. If an agreement can't be reached, Winn may sue, then you'll have to defend yourself in court. If Winn can't produce sufficient evidence, you may win. Should you lose, the courts will preside over your payment of the judgment.

Regardless, Winn can't take your other vehicle. They can't do anything until they sue in court and win, and even then, I don't think it's common for the court to allow them to take your vehicle, especially if your livelihood depends on it.

Good luck.

DH

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