Send DV or wait, clarification please

[Turducken]

First off, wow what a wealth of info this forum has!! Excellent stuff!

According to my Experian CR the last payment on my CC was made in Sep '06 with Oct '06 beginning the long list of charge offs. This info seems about right according to my memory but I don't know that I could prove it since I no longer bank with Wells Fargo where my payments would have been made from. I see no judgments listed anywhere. I'm in California and the SOL is 4 years.

I just received a "please contact us" letter from the Law Office of Harris & Zide, the last time I received a notice from them in the mail was over a year ago. They have also begun calling me this week for the first time ever and I have yet to answer.

My situation - no job, living at home and no assets. The amount they're seeking is $6100. However, according to the CR I owe over $7700.

Does SOL start from last payment made (Sept) or date the account first went delinquent (Oct)?

If I DV them now could I do more harm than good?

I've read some of the pros and cons and my gut says wait it out, it's worked for me so far. It seems like this is a last ditch effort before SOL is up.

Any tips or advice would be appreciated.

Edited August 18, 2010 by Turducken
Not a dunning letter

[debtorshusband]

I say send a DV letter.

As long as it's within the SOL, I think you respond to a dunning letter with a DV letter.

You're right this may be last-ditch - they may be moving toward filing a lawsuit just before the SOL expires. IMHO, a DV letter may make them hesitate, knowing that you will fight back, whereas ignoring their dunning letter may make them more likely to sue, assuming there's a good chance you will let them win by default.

Good luck,

DH

[Turducken]

Thanks DH!!

If they do decide to sue does that mean the court date must be set prior to SOL or the date they file suit must be before SOL?

If they file suit prior to responding to my DV is this a direct violation, or just potential ammo in court?

Thanks again!

[debtorshusband]

They must file the lawsuit with the court before the SOL expires. Court date has nothing to do with it.

I have read posts where people claim that filing a lawsuit before they respond to a DV letter is an FDCPA violation, but personally, I am just not sure. Best to ask a lawyer.

Regards,

DH

[chuckygee]

I agree with DH, definitely send a DV letter, since they sent a dunning. Waiting it out is not an option since they are calling and sent a dunning letter. (The bear is already awake!)