How to handle this Wells Fargo chargeoff

[Sinjin]

Obviously I'm new here, as a registered user, but I have been a lurker for about a year now. I can't thank the contributers to this site enough for their time, knowledge and adivse to others, which has helped so many of us get out of some deep holes. This place really is incredible.

Ok, so here is my story. About a year and a half ago, I was signing the papers to complete my two year long divorce. At that time I recieved a letter from Asset Acceptance informing me I owed a debt of over $16k, origionally held by Wachovia Bank (now Wells Fargo). Long story short, it turns out my ex had been using a credit card with a $15k limit on it, which I got when I was 19 (I am now 33). I only used this card a few times over the years, and never since we were married. Needless to say, I was very naive to the world of credit, so I ignored it for far too long.

I found this website and I sent a validation letter to AA. They come back to me saying that I needed to prove the debt is not mine, and they follow that up a few days later informing me that they were shopping my case with local attorneys. I called their bluff with a follow up letter, and about two weeks later the collection was removed from my CR. Instant improvement on my CR, from 589 to 651 (Experian FICO).

My next step, I contacted the big 3 to dispute the Well's chargeoff. They of course came back verified from all 3. I know Wells has zero documentation on me, but my question at this point is, do I write them a letter or call them first, asking to provide their documents on me? I did review the recent thread titled, "credit cards, banks, and chargeoffs, oh my!", and I am still struggling with this question. I have always read never to call a CA. Does the same not apply with the OC? I guess I'm still worried about the outside chance they may have something to nail to me.

After spending two years in a courtroom fighting for the custody of my daughter, I am very reluctant to ever spend another minute in one again. I am about to start the process of getting preapproved for a home, so I know it is necessary to get this taken care of asap. Any advise on how I should handle Wells? I just don't want to make the wrong move, this close to a resolution.

Thanks in advance!

Edited October 25, 2012 by Sinjin
Addition

[1stStep]

You need to be worried more about Asset - they do love to sue, in fact they broke out worse than a case of head lice at summer camp not too long ago in Maricopa County...

[Sinjin]

I have not heard anything from Asset in about 4 months, not since I threatened to sue them. Also, their TL fell off my CR not long after that. Should I still worry about them as long as the OC's TL still appears?

[1stStep]

There's a good chance that they either are going to sue at some point, or most likely, sold to another JDB...

[Sinjin]

So, what should my next step be? Asset never provided me with any documentation, which leads me to believe they had, or have, nothing. Under the FDCPA aren't they required to provide that info to me if I request it? Or if they intend to litigate? I'm more confused now than I was before...

[racecar]

To be safe start studying Georgia Rules of Civil Procedure and the georgia rules of the court.

www.cscj.org/uploads/GSU%20Civil%20Court%20Resources.pdf

Judicial Branch of Georgia :: Self Help Resources :: Civil Cases

Official Code of Georgia Annotated O.C.G.A. - Fair Use Not Abuse

Georgia Research | Mercer University School of Law

LexisNexis® Custom Solution: Georgia Code Research Tool

06.12.2010 Defendants Answer With Counterclaim Midland v Sheridan

[Credator]

...

After spending two years in a courtroom fighting for the custody of my daughter, I am very reluctant to ever spend another minute in one again. I am about to start the process of getting preapproved for a home, so I know it is necessary to get this taken care of asap. Any advise on how I should handle Wells? I just don't want to make the wrong move, this close to a resolution.

Thanks in advance!

Some thoughts from the cheap seats:

I am not getting a sense that this is close to a resolution. Silence on the part of a collector doesn't indicate much IMO.

Cleaning up a credit report doesn't provide a shield to potential collection suits.

...

I know Wells has zero documentation on me, ... I guess I'm still worried about the outside chance they may have something to nail to me.

...

Decisions made and a plan of action tucked away helps me eliminate fear.

As far as I know, the four primary ways of "dealing" with an alleged debt that is likely moving toward a lawsuit are:

• a negotiated settlement
  
• defend and counterclaim the suit in court
  
• private contractual arbitration (if available in the contract), and
  
• bankruptcy.
  

It would seem that a mortgage pre-approval pull on a credit report might send a message to any debt collecting entity that the alleged debtor is a good candidate to collect on a favorable court judgment or a soft target for negotiating a creditor favorable settlement.

The federal acts such as FDCPA and FCRA are not shields from the bad behavior of a collector. They will violate them at will and often do so to their advantage. It is not a simple victory to catch and prove that a collector did a violation with a $1,000 statutory limit while the same collector is pursuing $10k or $20k alleged debt.

A plaintiff/collector failing to provide any admissible evidence or prove the elements of their causes of action in court is routine and so are their judgments won on the same "deficient" case. Seems to be the norm across the nation.

Defendants willing to learn how to properly engage (with or without counsel) those pesky plaintiffs typically improve their odds of a better result. YMMV

[Sinjin]

Thanks for your help guys. It seems as though I am farther away from resolving this than I thought. It looks like I have some "light" weekend reading to do.

[racecar]

JillianSheridan's Collections | Scribd