Daniels & Norelli threaten to sue

[Yoily]

Hi everyone,

I am new to this form. After reading the amazing advice others have received on this form, I will present my question and lookout for your advice.

I live in New York. I was contacted by a debt collecttion agency, Daniels & Norelli, regarding a forgotten 5 year old BOA credit card debt of about $950. The caller identified herself as Ms. Rivera, who seemed wonderful and understanding the first time we conversed.

I explained to her that I lost my job recently, and that I had other outstanding debts (though not large debts, which of course i didn't tell her), and that I am unable to pay that amount in full. She perfectly understood, and offered $250 monthly payments. I told her that I was realistic, and that my current tight budget would not allow that. She advised me to come to her with an offer, and we'll negotiate from there. I called her back and offered to settle the debt with $500.

But here she became rude, refused my offer, didn't want to throw in her bid, and threatened to sue. She calls me the next day to let me know that she "noted the account as refused to resolve, and is proceeding with serving me a summons". I begged her to please be realistic; all she said was: "Have a nice day Mr....."

I was not educated in this matter, so I missed the 30 verification period. I have nothing other than her letter with the amount owed. What do I do now? I am confused.....

Please advise me further.

Thanks a lot

Yoily

[Guest usctrojanalum]

Don't pay them, I'd personally send them a cease and desist letter to stop the phone calls. If they sue you, so be it - deal with it then. Once a case is in litigation you can extend it out for months basically.

[WhoCares1000]

The word "realistic" is not in their vocabulary. If the lady calls you threatening suit again, tell her that filing is fine as you will then talk to the lawyer who will probably accept your settlement offer.

I doubt they will sue however as $950 is such as small amount and NY courts are expensive and time consuming unless they can get a default.

[Guest usctrojanalum]

I doubt they will sue however as $950 is such as small amount and NY courts are expensive and time consuming unless they can get a default.

This is true too. It really is 50/50. Yeah courts are expensive it can range from $75 all the way up to $250 to file and serve a lawsuit. But at the same time these costs are added into a judgment.

[Templar]

If I'm not mistaken Daniels & Norelli are JDB's and part of Collect America as franchise holders.

Trust 'em about as far as you can toss a horse.

[BTO429]

Send them a cease communication letter if they sue let em I doubt they have enough proof to get a judgment.

If they do call after you send the letter you have the right to file suit.

[Yoily]

Thanks for your advice. I have a couple of questions with regards to some of your answers. I'll sum 'em up, and I look forward to hear from you.

1) If I send then a "cease communication" letter but decide to call them afterwards, say to try to negotiate once again, does the cease letter still remain in effect?

2) Since I missed the 30 day verification period, are they still legally required to send me the proof if I request it? Proof I mean all the contracts and agreements.

3) Should they file a suit, how are they going to serve me, by mail or in person?

4) What are procedures and timelines of such a court process? (I was never in such a situation before)

Thanks so much for your help & support.

Sincerely,

Yoily

[WhoCares1000]

Thanks for your advice. I have a couple of questions with regards to some of your answers. I'll sum 'em up, and I look forward to hear from you.

1) If I send then a "cease communication" letter but decide to call them afterwards, say to try to negotiate once again, does the cease letter still remain in effect?

They will probably see the C&D letter in your file and not want to talk to you unless you revoke it. Best to save negotiations for when you are at the courthouse steps talking to a real lawyer, not with a debt collector.

2) Since I missed the 30 day verification period, are they still legally required to send me the proof if I request it? Proof I mean all the contracts and agreements.

Nope, and they are not even legally required to send you contracts and agreements if you did send a DV within the 30 day period. All they have to do is say that they looked through their records and believe that this is yours. They will have to provide better proof in court

3) Should they file a suit, how are they going to serve me, by mail or in person?

USC would be a better person to answer this as he is a New York Process Server. I would think they would try in person first, then by mail. Do not try to avoid service. Better to fight head on than to try to trick your way around it

4) What are procedures and timelines of such a court process? (I was never in such a situation before)

Something like this would follow the small claims procedure in court. Once served, you will have a set amount of time to answer. Once you file your answer, since this is small claims, you will get a trial date and then you show your evidence, they show their evidence and the judge decides.

Again, USC will be better equipped to tell you what will happen.

Thanks so much for your help & support.

Sincerely,

Yoily

[Guest usctrojanalum]

3) Should they file a suit, how are they going to serve me, by mail or in person?

They try in person first. They will attempt to serve at your address. If in 3 attempts they are not able to find you or a family member or basically any human over the age of 13 they are going to tape the summons to your door and follow up with two additional mailings. This is called nail and mail service. A sheriff or a random joe are both allowed to serve summonses!

4) What are procedures and timelines of such a court process? (I was never in such a situation before)

Totally depends on the Court and where you live. If you are in a Supreme Court you are really looking at a bare minimum of 6 months to have the case disposed and many times it goes on longer than that. In Supreme Court everything is really slow, and you can't get the case on any calendar until a RJI is filed (request for judicial intervention). This all takes time.

If you are in a City (these are in Upstate NY), Civil (NYC Only) District court (Long Island Only) the cases are moved along a little bit faster but you will still have 3-4 pre-trial conferences first. If the parties can't come to an agreement at these conferences, it gets moved off the conference calendar and put onto a trial calendar. That whole process takes about 6 months max until a case is disposed, but again this can still be dragged out longer.

Lastly if they sue you in a small claims court (this does not happen often the other courts are more common just because in small claims court both parties have to show up at every appearance, in the other types of courts you can win a case and never show up, just submit papers)

Small claims is very informal you get a summons it will have a court date on it and you show up that day ready for trial. In small claims THE COURT ITSELF serves you the summons CMRR if it comes back unclaimed, then they send it out registered mail.