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In Arizona; Hameroff sent me a letter in Feb.


ScaredOfHamernoffInAZ
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Hi there,

Newbie here. Hameroff sent me a letter on February 22, 2011 stating I have a Chase credit card debt of about $4299.49 and "unless you, within (5) days of the date of this letter, pay this account I may file a lawsuit against you" and signed with "This communication is from a debt collector. This an attempt to collect a debt. Any information will be used for that purpose." It hasn't been paid since January '09 nor have any debt collection calls been answered.

Basically, do I wait to see if I am served or should I send a certified letter requesting validation? I can't tell if they purchased the debt or not. I don't want to jump the gun. The letter won't say whether or not it is my debt, but I also don't want to make any unnecessary contact with these people. I am a college student who makes minimum wage; they won't garnish much but they will put me out of a place to live if they do. Thanks for the help! Ignore the n in my username, BTW.

Edited by ScaredOfHamernoffInAZ
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Hi there,

Newbie here. Hameroff sent me a letter on February 22, 2011 stating I have a Chase credit card debt of about $4299.49 and "unless you, within (5) days of the date of this letter, pay this account I may file a lawsuit against you" Thanks .

I think you may be misstating; you may want to reread the letter. You normally have 30 days to request validation (proof) of the debt and ownership.

A first step should be a validation request from you. Often, a DV letter is enough to make them go away.

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As I stated on Debtorboards, you now have two violations here:

1: FDCPA violation of making a threat they don't intend to carry out (the 5 days expired Feb 27, this is March 8) and

2: The 5 days overshadows your 30 day Statutory VOD rights.

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As I stated on Debtorboards, you now have two violations here:

1: FDCPA violation of making a threat they don't intend to carry out (the 5 days expired Feb 27, this is March 8) and

2: The 5 days overshadows your 30 day Statutory VOD rights.

And If I'm not mistaken, it's 30 days from receiving the letter, not the date of the letter.

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And If I'm not mistaken, it's 30 days from receiving the letter, not the date of the letter.

The letter sent to the poster stated ""unless you, within (5) days of the date of this letter"

They threatened a possible suit if the poster did not pay within 5 days of the date of the letter.

If that was the first communication the poster received from Hammerhoff, they were to send a 30 day validation notice within 5 days of their communication.

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It doesn't matter at this point when the 30 days started, the 5 days from the date of the letter overshadows it and is the violation all by itself. Under FDCPA the 30 days starts on receipt of the letter. In theory the 5 days can be over before the 30 days even begins.

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