1st JDB letter 3 mos old not reponded by me what do I do now?

[Gammo]

I'm so new at this I'm an embryo & brain dead already. I just found this site & started the overwhelming task of trying to learn & decided to go check my "bankruptcy file" & 2 identical letters were on the top that I barely remember getting.

I live in Maine & have 2 high credit card debts ($15, 839/$22,177) I cannot pay since August. I am on Social Security Disability as my only income & live alone. I know nothing about any of this & retained a lawyer for potential bankruptcy. (It never went any further because I was called out of state for a prolonged time to care for my mother.) In October my mother passed away. When I came home there was such a pile of mail & my head was somewhere else that I mindlessly sorted & threw. Apparently I got the following letter on Oct. 13 and identical one on the 14th:

This company has been engaged by DB Servicing Corp to resolve your delinquent debt of $15, 839. Please submit your payment & make your check payable to Capital Management Services to the address below.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice tht you dispute the validity of this debt or any portion thereofk, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditior, if different than the current creditor.

Our reps are trained to offer assistance regarding this obligation. For payment arrangements or account inquiries, you may contact Capital Management Services at Buffalo, NY or call xxxxxxxx, You may also make payments online at xxxxxx.

This is an attempt to collect a debt, any information obtained will be used for the purpose. This communication is from a debt collector.

They have been calling off and on for some time and I haven't answered the phone. Most of the time they hang up when they hear ans. machine but 2x this week they called & left message for me to call them. Some time ago I had answered the phone & it was a short call & I only remember them saying that I could settle it for $5,000. I told them to call my lawyer & they never called back until recently.

I can't believe that even in my grief over my mother that I didn't see the contents of this letter until now. Can anyone give me some CPR (so I can breathe again) by giving me any suggestions?

Edited February 14, 2012 by Gammo

[usagi555]

I'm so new at this I'm an embryo & brain dead already. I just found this site & started the overwhelming task of trying to learn & decided to go check my "bankruptcy file" & 2 identical letters were on the top that I barely remember getting.

I live in Maine & have 2 high credit card debts ($15, 839/$22,177) I cannot pay since August. I am on Social Security Disability as my only income & live alone. I know nothing about any of this & retained a lawyer for potential bankruptcy. (It never went any further because I was called out of state for a prolonged time to care for my mother.) In October my mother passed away. When I came home there was such a pile of mail & my head was somewhere else that I mindlessly sorted & threw. Apparently I got the following letter on Oct. 13 and identical one on the 14th:

They have been calling off and on for some time and I haven't answered the phone. Most of the time they hang up when they hear ans. machine but 2x this week they called & left message for me to call them. Some time ago I had answered the phone & it was a short call & I only remember them saying that I could settle it for $5,000. I told them to call my lawyer & they never called back until recently.

I can't believe that even in my grief over my mother that I didn't see the contents of this letter until now. Can anyone give me some CPR (so I can breathe again) by giving me any suggestions?

$15k is certainly enough that paying a few grand for an attorney who knows how JDBs operate is worth it in the event that they take you to court. I don't know if you're allowed to record telephone conversations in Maine, but if you are, and you do talk to them, record it. Give them no information whatsoever. (I won't give my name if you won't give yours and state your business.) Really, the only reason to talk to them is to get them to violate federal law. (Well, and to torture them, but that's another story.) If you don't think you're up to that game, don't talk to them at all because they're bullies and they rely on people giving into their bullying.

Oh, and save all messages that they leave. You may find a nice little violation or 10. If you don't think you're up to taking them on pro se, having some violations may be enough to get a good consumer attorney to take your case on contingency.

If you are planning on taking something like this on pro se, or don't have a choice, start learning Maine's rules of civil procedure NOW, and you can also go into CIC's "Is There a Lawyer In The House" section, ask questions and engage in general discussion. Many of us here (not me) have wholloped JDBs in court, so there is some real expertise. One gal kicked some JDB butt after a licensed attorney told her she was definitely going to lose.

Another thing to consider is the higher of the two CC debts. Is it still owned by the OC? Or do you know?

Another thing to consider is that they may chose not to sue. It would confuse me if they didn't do what JDBs do, but stranger things have happened.

[Gammo]

$15k is certainly enough that paying a few grand for an attorney who knows how JDBs operate is worth it in the event that they take you to court.

Is this in the BK attorney job description? I guess I'm a little confused as to where the lines in the sand are. Can I try to do as much as I can & if I get in over my head (hopefully without doing more damage) then turn it over to her & if none of it works proceed with BK?

I don't know if you're allowed to record telephone conversations in Maine, but if you are, and you do talk to them, record it. Give them no information whatsoever. (I won't give my name if you won't give yours and state your business.) Really, the only reason to talk to them is to get them to violate federal law. (Well, and to torture them, but that's another story.) If you don't think you're up to that game, don't talk to them at all because they're bullies and they rely on people giving into their bullying.

I'm trying to just not talk to them at all. I actually haven't responded to their back to back first letter & havent talked to them (once by accident but told them to talk w/my lawyer)

Oh, and save all messages that they leave. You may find a nice little violation or 10. If you don't think you're up to taking them on pro se, having some violations may be enough to get a good consumer attorney to take your case on contingency.

I have saved @ least one of the messages

If you are planning on taking something like this on pro se, or don't have a choice, start learning Maine's rules of civil procedure NOW, and you can also go into CIC's "Is There a Lawyer In The House" section, ask questions and engage in general discussion. Many of us here (not me) have wholloped JDBs in court, so there is some real expertise. One gal kicked some JDB butt after a licensed attorney told her she was definitely going to lose.

Thanks for the tips, that's where I'll start

Another thing to consider is the higher of the two CC debts. Is it still owned by the OC? Or do you know?

That's what's weird, they've been conspicuous by their absence...about 6 mos before I couldn't pay, right before the CARD act went into effect they spontaneously decided to raise by interest rate which on that amount of money was devastation for me. At that time my FICO was over 800 so it was because of trying to sneak in before the CARD act took affect. I tried to "negotiate" with them to keep it @ the same rate, even speaking with a supervisor & they wouldn't. So I told them (Citibank) to close the card but I kept paying for another 6 mos.

Another thing to consider is that they may chose not to sue. It would confuse me if they didn't do what JDBs do, but stranger things have happened.

Given other things continuing to go on in my life right now I sure could use a miracle like that!

[usagi555]

Oh, Citibank for the higher one you say? I do have some experience there. To put it bluntly, I hate their guts. But we'll cross that bridge if and when we get there.

A BK attorney typically isn't going to be up to date on JDBs. You need a consumer attorney. Others on here will be more than happy to tell you about NACA. If you aren't up for the fight, a BK attorney may be appropriate, however. This is for the obvious reason that you would be filing BK and not fighting a JDB over their crappy hearsay evidence.

Those debt collectors will keep on calling. Let them leave messages and keep on saving them. Start learning about the FDCPA, and ask questions here. Once you have a few violations that look like they are slam dunk, you can send the CAs a cease and desist letter and get at least a little bit of peace.

[Gammo]

Oh, Citibank for the higher one you say? I do have some experience there. To put it bluntly, I hate their guts. But we'll cross that bridge if and when we get there.

A BK attorney typically isn't going to be up to date on JDBs. You need a consumer attorney. Others on here will be more than happy to tell you about NACA. If you aren't up for the fight, a BK attorney may be appropriate, however. This is for the obvious reason that you would be filing BK and not fighting a JDB over their crappy hearsay evidence.

Thanks, I'm glad to know that. I'll have to look into that because I live in a very rural area of a rural state so there's not much specialization. The BK attorney is 100 miles away.

Those debt collectors will keep on calling. Let them leave messages and keep on saving them. Start learning about the FDCPA, and ask questions here. Once you have a few violations that look like they are slam dunk, you can send the CAs a cease and desist letter and get at least a little bit of peace.

I can't tell you what a relief it is to have some direction. I'm pretty worn out from the events of the last year but I used to be a fighter & it's not like me to flounder but that's all I've been doing. I just found this site & I've been cramming but as good as the site is my brain is mush. I felt like a boat with no oars & a big hole in it just bobbing & taking on water...I also appreciate your quick answer. I'll sleep tonight for a change....probably with long overdue visions of "I think I can, I think I can......THANKS

[usagi555]

You don't realize how nice a good night's sleep is until it's been a few months since your last one. Enjoy it tonight, because you don't know what the future has in store for you.

[Coltfan1972]

You already have a violation, if you can prove you told them to call your attorney (you probably can't) and they called you again.

If nothing else it shows you they will violate. The only problem is with a balance that high, the 1K statutory penalty might not scare them off. You need to have other emotional issues, hint, hint.

Of course the first thing is proving any violation.

[Gammo]

You already have a violation, if you can prove you told them to call your attorney (you probably can't) and they called you again.

Thanks for pointing that out. I don't know what required proof would be--I guess someone being here when I told them wouldn't be enough.

If nothing else it shows you they will violate. The only problem is with a balance that high, the 1K statutory penalty might not scare them off. You need to have other emotional issues, hint, hint.

Down @ my level you have to be more blunt

Of course the first thing is proving any violation.

I have A LOT of studying to do but I do have a question, in the FDCPA it says :

"© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer."

might help me a some point or at least something to note?

[thomassl]

If you are checking your "bankruptcy file"...did you file bankruptcy? If so, why were these accounts not included? It appears you are insolvent in regards to income so they can't touch your social security. Am I missing something here?

[Gammo]

I retained the lawyer but "life" happened & I never proceeded with BK. Then I found this site & I started to wonder if there would be a way to settle these even though they are large and not have to go BK but I think I might be wrong. In any event, I want to be a co-pilot

[Gammo]

I wondered also why it means when they said they have been "engaged" by DB Servicing Corporation?

[usagi555]

Down @ my level you have to be more blunt

Well, look at what has happened to you during the past year. I'm sure that you are more vulnerable emotionally than you would normally be. I mean, taking care of your sick mother, then having to cope with her passing takes its toll on a person. Then getting back home and having to deal with this crap? Man, if they only knew what your mental state was, they would have to be careful not to cause you even more anguish than you've already been through.

[Gammo]

Well, look at what has happened to you during the past year.

Oh...you're very perceptive...I'm sure everyone here can use a little chicken soup for the soul too....

[usagi555]

Oh...you're very perceptive...I'm sure everyone here can use a little chicken soup for the soul too....

Yeah, well those guys causing you further grief, especially if they knew that you were vulnerable, is something that, when combined with other things that they'll probably do, might make your average person say "Outrageous!"

If you are feeling particularly stressed or even depressed, you might want to seek help from a licensed medical professional. Clinical depression is no joke.

[Gammo]

Yeah, well those guys causing you further grief, especially if they knew that you were vulnerable, is something that, when combined with other things that they'll probably do, might make your average person say "Outrageous!"

Funny you should say that-my fiance already thought life in the fast lane was too outrageous & we separated. Not wanting the "bad guys" to know I'm vulnerable is why I don't want to speak to them, I can do fine in writing. I believe knowledge is power & with the help of all of you and this site I hope to give them a run for their money (pardon the pun)

If you are feeling particularly stressed or even depressed, you might want to seek help from a licensed medical professional. Clinical depression is no joke.

Thank you, it's very true and I appreciate your wise concern

[Coltfan1972]

You're an egg shell doctrine case waiting to happen. Good advice was given to seek medical attention. You never know a year later one might be suing for emotional distress.

I'm sure the other side got a huge surprise when they asked me for my medical records when I claimed emotional distress. I'm sure they figured I had none and was just throwing in the claim.

Would have loved to see the look on their faces when they read the doctor notes when he asked me what was wrong, six months prior to suing them, when it said, patient complains of stress, anxiety and elevated blood pressure, patient advises he is being contacted by a collection agency (specific name here) and the numerous calls are causing stress.

Xanax and Lisonpril (blood pressure med) prescribed. Next visit- Patient complies of anxiety and states still due to collection calls and according to patient at all hours of the day and won't stop. Up xanax from .25MG to .50MG continue on blood pressure.

[usagi555]

Xanax and Lisonpril (blood pressure med) prescribed. Next visit- Patient complies of anxiety and states still due to collection calls and according to patient at all hours of the day and won't stop. Up xanax from .25MG to .50MG continue on blood pressure.

.5mg Xanax didn't even work for me. I just had to deal with feeling physically ill due to the stress and anxiety (which I am prone to) all the time. The wellbutren didn't do much either until the case was dismissed.

[Gammo]

[quote

I'm sure the other side got a huge surprise when they asked me for my medical records when I claimed emotional distress. I'm sure they figured I had none and was just throwing in the claim.

Would have loved to see the look on their faces when they read the doctor notes when he asked me what was wrong, six months prior to suing them, when it said, patient complains of stress, anxiety and elevated blood pressure, patient advises he is being contacted by a collection agency (specific name here) and the numerous calls are causing stress.

[Coltfan1972]

Get a recorder for you phone and get it on tape. You will not be able to prove that otherwise and of course they will deny you said.

[Gammo]

Even though I missed the 30 days, would it make sense to write them now?

Would it do any good to let them know I don't have any non-exempt income or assets or does exemption only apply in bankruptcy?

I got up my nerve to check my credit report today & saw an inquiry in Nov by Alliance One. I don't know who they're connected with.

Thanks

[usagi555]

If I were in your shoes, I would send a very specific letter that may make them run and it may make them start harassing the crap out of you. It would include these points:

* You were out of state taking care of your mother who was ill.

* She passed away and you have been emotionally distraught.

* You are on SSDI (I don't know why, but obviously something changed your life - and you are probably dealing with long term disability insurance companies, which is already pure hell.)

* You dispute owing them anything. (This'll help if they do come after you under the cause of account stated.)

* This is the first time you have been able to cope with day to day business, and just barely at that.

* They may not give it to you, but demand validation.

There may also be a couple of other things to add, but that should cover most of your bases. I would draft the letter, put a mark rather than a signature on it, copy it, send the copy and keep the original. That way, if they do come after you or start harassing you mercilessly, you have your bases covered, can find an agressive consumer attorney and really hit them hard. Also, by putting a "mark" rather than your real signature and keeping the original, if they try to scan your signature and place it on some foraged documents, you can destroy them. I use a squiggle for CAs.

Edited February 16, 2012 by usagi555
Oh yeah, and send it CMRRR

[Gammo]

Thanks, that's kind of what I was wondering & your comments help with some ideas