NeverServed Posted November 8, 2012 Report Posted November 8, 2012 I had a few questions. I am now getting a bunch of debt settlement letters. from Convergent. Some are for sure zombie debt which is past the 6 years where they can sue me mark. Almost ready to fall off of my credit report its been close to 7 years. The question I have is should I even waste my time to send them a debt validation letter or just put it in a file and let them keep mailing me. Since there is nothing they can do anyhow. 2nd question is there are 2 which they can actually collect on. 1 is a bank account I had which was first reported delinquent on my credit dec 2006. So it is almost at the 6 year mark. I plan on sending them a debt validation letter. Once it hits decemember can they even collect on it?2nd one I know they can collect it is still 1 more year they can do so. So what should I do just pay it or offer a settlement?
1stStep Posted November 8, 2012 Report Posted November 8, 2012 Never pay Convergent... make them pay you.
NeverServed Posted November 8, 2012 Author Report Posted November 8, 2012 I did put in my DV letter that they may not contact me by phone. But I did put my phone number at the bottom . This is what one dv says minus the account etc I am requesting Debt Validation. Please validate the above referenced account. I have never had any account with the company listed above. You do not have my permission to contact me by phone. You may contact me by mail only. You will find attached for your reference a copy of the statement you had sent. Thank you So once it hits december they technically cannot sue me. In the one that is for sure past sol.They did not put it as being past sol. in their letter are they in violation?
1stStep Posted November 8, 2012 Report Posted November 8, 2012 (edited) It's a gray area - one could make the case that not putting the info about it being out of statute is misrepresenting the status of the debt. It's not in their best interest to voluntarily disclose...New Mexico is the only state I know of that requires a JDB disclose that the debt is out of statute. Edited November 8, 2012 by 1stStep
NeverServed Posted November 8, 2012 Author Report Posted November 8, 2012 Ok boy they are tricky. maybe thats why they are trying to get 35%
1stStep Posted November 8, 2012 Report Posted November 8, 2012 If you send them a dime, you probably reset the SOL - I don't know GA law too well...
NeverServed Posted November 8, 2012 Author Report Posted November 8, 2012 Hell no im not sending them a penny! PERIOD! One is past sol in dec there isnt a date on it like lets say dec 13 for example. It should up as a negative on cr dec 2006. so I think once it hits dec 1 they can kick rocks. Unless they can pursue the whole month of dec. But I dont think they can get a court date that quick. with the holidays. The only other one which they can collect on is a utility bill. Which that has another year before its past sol. So that one im thinking to contact the place directly to try to work something out with them. Unless you think it wise to let sleeping dogs lie.
NeverServed Posted November 8, 2012 Author Report Posted November 8, 2012 This is my dv I changed the account numebrs etc to match the accounts they sent me on. I received your letter for the above referenced account on November 5, 2012. I AM DISPUTING THE VALIDITY OF THIS DEBT. I never had an account with xxxx Purchasing Corp. I am requesting Debt Validation. Please validate the above referenced account. Convergent Outsourcing, or its affiliate companies. Do not have my permission to contact me by phone. You may contact me by mail only. You will find attached for your reference a copy of the statement you had sent. Thank you
WhoCares1000 Posted November 8, 2012 Report Posted November 8, 2012 First off, always send a DV to a JDB, regardless of whether the debt is within SOL or not. The DV is there to protect your rights. Besides, the worse that can happen is that they sue on a time-barred debt with send a DV reply. That allows for a counter suit and the same time tossing their suit.As for the debt that goes SOL, I would assume they have the whole month of December to file. I would send a DV but keep all communications open. This will screw up the computers probably just enough to get by the SOL. If they do sue, then fight or settle at that point as long as they answered the DV. If they don't, then counter sue.As for the one with 1 year left, I do not see why you would want to settle now. See if they will sue you first and go from there. Still send the DV however, again to protect your rights. In general, you can settle any debt at any time until the judge or jury states that they have reached a verdict. Many debts get settled on the the courthouse steps and judges encourage it. You can even state that you are not admitting liability for the debt and that this settles it for all time.
NeverServed Posted November 8, 2012 Author Report Posted November 8, 2012 Thanks WHocares' definately sending out the dv. I put my phone number on there because most of the time they are just that stupid to call. which equals violations.
BTO429 Posted November 9, 2012 Report Posted November 9, 2012 Make it short and simple.....I dispute the alleged debt in its entirety, I request you validate this debt.
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