Jump to content

should I send a DV?


Recommended Posts

I just received a new collection letter today from JCC Christensen & ASSociates on a CC debt from 09 that was passed through 2 other CAs already. I've been ignoring the last two over these years but this new one threaten to take legal action if I don't pay.. It stated that my account is in pre-legal status and if collection fails they will consider forwarding it to an attorney's office for potential legal action. I need some advice if these guys are just bluffing and if I should even try to contact these guys by sending a DV letter or would that just put a big target on my back?

Link to comment
Share on other sites

First...all that stuff about "pre-legal" is indeed intended to scare you.  It is impossible to predict if they will follow thru.

 

But...why take the chance?  Seen them a simple "I dispute this debt" DV along with a copy of their letter.  Send it CMRRR with the CMRRR number referenced in your letter.

 

Does tthis put a target on your back?  Again, impossible to predict...but...as it stands right now you have somebody saying"hey, I know you owe somebody money...I'm collecting...send me the money, or I'll sue".

 

At least if you send the DV, they have to stop trying to collect until they provide you with more info...if they don't, you can sue them.

Link to comment
Share on other sites

Debt Collectors will say anything to scare you into giving away your rent money.

 

JCC Christensen love to violate the Fair Debt Collection Practices Act.

 

 See Radio Shack to get a cheap telephone recording device.

 

Its best not to talk to them over the phone.

 

The best rule is don't talk to the creditors at all.

 

They will sue you when they get caught up on the old debt load and start on the new debt load.

 

For fun you could send them a debt validation letter they don't really do anything.

 

I would start to study illinois rules of civil procedure and get ahead of the game.

These links should get you started.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2017&ChapterID=56

 

http://webcache.googleusercontent.com/search?

 

q=cache:vWKtwKOWukEJ:www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf+&cd=4&hl=en&ct=clnk&gl=us

 

http://webcache.googleusercontent.com/search?q=cache:Waq7gRFkQJsJ:www.cvls.org/sites/all/files/video/data/related_documents/defending_credit_card_collection_suits_outline_updated.pdf+&cd=7&hl=en&ct=clnk&gl=us

http://webcache.googleusercontent.com/search?q=cache:mjXTnZyzQzUJ:www.state.il.us/court/Opinions/AppellateCourt/2013/1stDistrict/1113658.pdf+&cd=9&hl=en&ct=clnk&gl=us

http://webcache.googleusercontent.com/search?q=cache:PKfYND3oheIJ:www.edcombs.com/wp-content/uploads/2013/05/collection-defense-debt-buyer.pdf+&cd=10&hl=en&ct=clnk&gl=us

  • Like 1
Link to comment
Share on other sites

I use every opportunity to send a DV letter via CMRRR. It occasionally provides some information or leverage.

 

I keep my DV letters short and simple. I respond to anything of interest in their letter. If they gave me a deadline to respond by or they "will presume the debt is valid" I give them a deadline to "miss" that "I will presume the debt is not valid". If they are not properly licensed with my state I will probably request an explanation on that. *I* usually add a C&D applicable until they validate the debt. Others may fear that DV letters or C&D might trigger a lawsuit. I have not seen or heard of any evidence that a DV letter can reliably provoke a suit or delay/prevent a suit. I doubt they have that much impact on suit filing YMMV.

 

A DV letter should be focused  and customized in my opinion. Don't expect it to do much and you won't be disappointed IMHO.

 

I have collected on a statutory violation that a DV letter precipitated. Participation has its benefits.

 

The DV letter should require only a small effort but it is a worthwhile step IMO. Focusing on preparing for a possible suit and getting the mind focused and conditioned is where the real game is. Since we typically fear the unknown, the more we know the less we tend to fear.

 

Some statutory violation decisions involving J.C. Christensen & Associates:

Zortman v. JC Christensen & Associates, Inc., 870 F. Supp. 2d 694 (D. Minn. 2012).
Sometimes, it appears that working for a debt collector can bite you in the court:
In this case, Zortman worked for a debt collector. It would not be unreasonable that a call from a debt collector related to her employment. Inferences or assumptions by an unintended listener are not "indirect communications."

http://scholar.google.com/scholar_case?case=6275260336142389721

Adams v. JC Christensen & Associates, Inc., 777 F. Supp. 2d 1193 (D. Minn. 2011).

http://scholar.google.com/scholar_case?case=9200946347877410867

Scheunemann v. JC CHRISTENSEN & ASSOCIATES, INC., 802 F. Supp. 2d 981 (E.D. Wis. 2011).

http://scholar.google.com/scholar_case?case=17215585314368804966

 

I would assume that any collection suits would be filed in the name of the alleged creditor not JCC.

 

As to whether they are bluffing regarding a threat of litigation, in the case of the OP, only time will tell.

Link to comment
Share on other sites

"consider forwarding it to an attorney's office for potential legal action"

 

Weasel words.  If they really have already decided to sue you, they can say that.  I am sure THAT would scare people more.  But they didn't.  This is "stock verbage".  It does not mean they won't eventually decide to sue, anyway.  But for now, it's some distance from a lawsuit.  After all, they have to complete the process of considering sending to to the attorney, AND then the attorney (or someone in that office) has to decide if the care has merit, or if they should try some illegal way to get a judgment.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.