melsplac3 Posted June 3, 2013 Report Share Posted June 3, 2013 In April I sent a basic debt validation letter to Zwicker & Associates P.C. They received it April 27th. Today, June 3rd, I received about 20 past credit card statements from them postmarked May 31st. I know that is a few days over the 30 day limit, but from what I can tell on here, that doesn't matter much. But, what do I do from here? Do I send them another debt validation letter asking for more in depth info or is that enough validation? From what I can tell on the forums, at some point I should check to see if they are licensed in my state. The original paperwork from Zwicker states this on it. This law firm employs one or more attorneys admitted to practice in the following states. And then states my state, which is TN, along with many other states. So, does that mean they are licensed in my state? I just don't know what to do from here. I think I am supposed to dispute the debt with the credit bureau also. I haven't done that yet. What reason do I give for disputing it? Link to comment Share on other sites More sharing options...
shellieh98 Posted June 3, 2013 Report Share Posted June 3, 2013 You have 30 days to dispute it, which you did. They can take as long as they want to send you back a DV as long as they don't contact you to collect on it before they do. Did they tell you who they were collecting the debt for? Is it the original creditor, or is it a 3rd party?In DV they have to give you the name and address of who they say you owe the debt to.If they did all that there is nothing more for you to do unless you want to make a deal with them. Otherwise you will wait until they serve you with a lawsuit. Disputing it with the CRA's could come in handy if they sue you for account stated, you can prove you disputed it, takes out the argument that you did not dispute. You would need to write a letter to the CRA"s disputing that debt. Don't do it online, write them, it makes it so a person has to verify it, and not the click of a computer mouse. Good luck. 1 Link to comment Share on other sites More sharing options...
melsplac3 Posted June 3, 2013 Author Report Share Posted June 3, 2013 You have 30 days to dispute it, which you did. They can take as long as they want to send you back a DV as long as they don't contact you to collect on it before they do. Did they tell you who they were collecting the debt for? Is it the original creditor, or is it a 3rd party?In DV they have to give you the name and address of who they say you owe the debt to.If they did all that there is nothing more for you to do unless you want to make a deal with them. Otherwise you will wait until they serve you with a lawsuit. Disputing it with the CRA's could come in handy if they sue you for account stated, you can prove you disputed it, takes out the argument that you did not dispute. You would need to write a letter to the CRA"s disputing that debt. Don't do it online, write them, it makes it so a person has to verify it, and not the click of a computer mouse. Good luck.Yes, they are collecting for Target National Bank. So, now just wait to get sued? Hopefully not. BTW, I just did a credit report and noticed that most of my credit cards say "charged off" while 1 of them says "collection account". I know what charged off means, but what does it mean when it says "collection account"? Link to comment Share on other sites More sharing options...
shellieh98 Posted June 3, 2013 Report Share Posted June 3, 2013 That they are still in collections, maybe have not written it off yet. Yes you just wait to get sued, or contact that firm that sent you the letter and make a deal. It is an original creditor, so if you wait to get sued, and they win, you will be responsible for costs and attorney fees. I can't tell you what to do, there are many that fight the OC and win, they are just harder to beat. Link to comment Share on other sites More sharing options...
melsplac3 Posted June 3, 2013 Author Report Share Posted June 3, 2013 So, you are saying that I want to be sued? Why? Wouldn't I lose that case? I can't make any deal with them. I am more than broke....So, if this law firm is trying to get the funds for Target than that is considered the original creditor? Link to comment Share on other sites More sharing options...
shellieh98 Posted June 3, 2013 Report Share Posted June 3, 2013 Target is the original creditor, not a junk debt buyer. The law offices that sent you the letter is probably the one collecting for them. No I am not saying you want to be sued, none of us want to be sued. There is not a whole lot you can do if you do not make a deal with them, the worst thing that can happen is they will sue you, and you will come post here, we will tell you what we would do (procedural steps to take) to try and win. Original creditor cases are harder to win, but it has been done. Worst case senerio is they will get a judgement against you, and then they will have to try and enforce it. If you have no job, no assets, then they will have a judgement they can't collect on. Link to comment Share on other sites More sharing options...
melsplac3 Posted June 4, 2013 Author Report Share Posted June 4, 2013 Well, I am self-employed, so I know they can't garnish wages that way. I do have a house, but that's about it. I have emptied my checking and savings accounts and have stopped using them. So, I know they can put a lien on my house. Link to comment Share on other sites More sharing options...
shellieh98 Posted June 4, 2013 Report Share Posted June 4, 2013 How much is it for? The only thing they could do if they can't do wage garnishment is bring you into court for an asset determination. There are certain things exempt, like a car worth less than 5k (most states) certain household things. Yes they could do a lein on your house, but if you are upside down, it won't do much good. But you have to remember if they get a judgement, they will continue to add interest to the debt at the statuatory rate for your state, that could be from 5% to 15% depending on your states rate. I would do some thread searching here on people from your state. Link to comment Share on other sites More sharing options...
TomnTex Posted June 4, 2013 Report Share Posted June 4, 2013 If you have not done so yet, have a homestead exemption placed on your home. That will help protect you. Been many years since I lived in TN, so I don't recall if they have it or not. I think they do. Go to your court house to do it. Link to comment Share on other sites More sharing options...
melsplac3 Posted June 4, 2013 Author Report Share Posted June 4, 2013 The debt is for a little over $7000.00. I am not behind on my house note though. I do have a car and it's worth about $5000.00. Tomn Tex So, you have to go place the homestead exemption on your house? I was just looking into that and noticed that if I have a minor child in my home and if I use the residence for my principle place of residence (which I have both), then TN exemption is $25,000. So, I go place the exemption now before I get sued? Or do I just do that when it goes to court? Link to comment Share on other sites More sharing options...
shellieh98 Posted June 4, 2013 Report Share Posted June 4, 2013 I would file it before. Protection. Great idea tomn tex, forgot about that. Link to comment Share on other sites More sharing options...
melsplac3 Posted June 4, 2013 Author Report Share Posted June 4, 2013 In Tennessee the homestead exemption is automatic – you don’t have to file a homestead declaration in order to claim the homestead exemption in bankruptcy. I just found this. Does this mean that I don't have to file? Or does that mean only if your claiming bankrupcy? Link to comment Share on other sites More sharing options...
melsplac3 Posted June 4, 2013 Author Report Share Posted June 4, 2013 Since Tennessee does not offer residents a property tax discount on homesteads, you do not have to file any formal paperwork with your county assessor to claim the exemption. Just found this too. Now, I am confused... Link to comment Share on other sites More sharing options...
melsplac3 Posted June 4, 2013 Author Report Share Posted June 4, 2013 Anybody from TN that knows more about this please chime in.... Link to comment Share on other sites More sharing options...
TNConsumerLawyer Posted June 4, 2013 Report Share Posted June 4, 2013 You have to seek BK protection for the exemption to apply. My advice, dispute it through the credit reporting agencies as prescribed above. Be specific in disputing the dates of last activity, status, account history and any fields which are incomplete. They will verify everything probably and they will likely not mark the tradeline as being in dispute. Thereafter, get an attorney and sue them in whatever Federal District Court has jurisdiction. You will need to pay an attorney to do this because it is very unlikely Target will negate the debt and pay anything on top of it. However, they can't sue on the underlying debt in Federal Court and typically, they are willing to negate the debt and delete their tradeline if you will dismiss the lawsuit. Link to comment Share on other sites More sharing options...
melsplac3 Posted June 4, 2013 Author Report Share Posted June 4, 2013 Yeah, a TN lawyer! So, I have to go to the court house and file for the exemption. O.K. will be doing that soon. Thanks! As far as getting an attorney and suing them....I am so broke, I can't afford it. If I had the money for an attorney, I wouldn't be in the shape that I am in... Link to comment Share on other sites More sharing options...
admin Posted June 5, 2013 Report Share Posted June 5, 2013 @TNConsumerLawyer may be willing to take your case on contingency??? Link to comment Share on other sites More sharing options...
TNConsumerLawyer Posted June 6, 2013 Report Share Posted June 6, 2013 I would, but Target is not going to pay anything. They would just negate the debt and delete the tradeline. Link to comment Share on other sites More sharing options...
admin Posted June 7, 2013 Report Share Posted June 7, 2013 @melsplac3 - if Target is willing to just delete (based on what @TNConsumerLawyer says), then I would definitely pursue it on your own. Sounds like easy pickings. 1 Link to comment Share on other sites More sharing options...
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