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J.C. Christensen collections


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About a month ago my wife began receive calls from a collection agency, inquiring about collecting on old card debt. She is not when she lasted used the card, it may have been late 2007 or late 2008.

What happened was when my wife lived overseas in Korea, she lost her wallet containing her credit cards. She attempted to contact her credit card company 'CreditOne' and ask for a new card, but because she was overseas and her address on file was no longer valid, the company refused either send her a new card or allow her to access the account in order to pay what ever balance was remaining. 

 

The collection agency at first wanted $1400 to pay off the debt, but yesterday my wife received a letter in the mail, stating itwas an ACCOUNT REVIEW AND SETTLEMENT OPTION, and stating that J.C. Christensen had been given authorization to negotiate GENEROUS SETTLEMENT TERMS, and they would be willing to accept $650 in a lump sum or more if she paid in installments. 

 

What should she do if can't afford to pay now? Write to J.C. Chrietensen and ask for proof that they are legally allowed to collect on the debt,  make a counter offer via registered mail offering to pay a lower amount or simply do nothing and wait till Tennessee's statute of limitations, six years in Tennessee, on debt runs its course? We don't really have any assets and we both are not even sure if intend on living in the US long term.

 

Thanks for your advice,

 

 

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Always DV. It is your right and you have the option to do it. Also, make sure the mini-miranda is on the letter. The statement that you have 30 days to dispute the debt.

As for SOL, most states toll the SOL if you were outside of the country so I am guessing the SOL was tolled until she came back to the USA whenever that was. You can try to run out the SOL however. Even if they sue, you can fight it and if they happen to get a judgement, you can decide to leave the country and they cannot chase you for it without filing another case in a less lawsuit happy country.

You can also offer a lower settlement. Realize that they probably paid $70 - $150 for it so if you decided to offer $300 - $400, that would be a generous profit for them.

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The collection agency probably doesn't know she left the country...therefore I  would just state that SOL has run.  

Thanks, my wife says that she had an agent representing her affairs while she was out of the country, so I believe that the SOL shouldn't be effected, am I wrong?

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Always DV. It is your right and you have the option to do it. Also, make sure the mini-miranda is on the letter. The statement that you have 30 days to dispute the debt.

As for SOL, most states toll the SOL if you were outside of the country so I am guessing the SOL was tolled until she came back to the USA whenever that was. You can try to run out the SOL however. Even if they sue, you can fight it and if they happen to get a judgement, you can decide to leave the country and they cannot chase you for it without filing another case in a less lawsuit happy country.

You can also offer a lower settlement. Realize that they probably paid $70 - $150 for it so if you decided to offer $300 - $400, that would be a generous profit for them.

Yes, I will send them a DV and see how that goes. The only thing I am concerned about is if they decide that they want more money.

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Yes, I will send them a DV and see how that goes. The only thing I am concerned about is if they decide that they want more money.

 

And you can decide not to give them more money and let them see if a court will let them get more money. Just because someone wants something does not mean they will get it.

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  • 3 weeks later...

Today I received a letter from Resurgent Capital Services L.P. stating that it had initiated a review of an inquiry it recently received. Should my like to pay off the balance in full, she could do so. The letter also went on to say that unless she notify them that my wife disputes the debt within 30 days they would assume that their claim was valid and they would attempt to gain a judgement against my wife. 

 

Is this just another attempt at a shake down, and what about the letter my wife sent requesting J.C. Christensen & Associates, Inc provide information about how the debt was calculated? Do I need to send another letter?

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http://www.barnettelawoffices.com/

 

Jason Barnette posts here as TN Consumer Lawyer.  I would suggest you either send him a PM or contact him at his office to get a legal appraisal of your situation.  Mr. Barnette is an excellent lawyer, and pleasant to deal with.  The consultation is free.

Thanks, I just sent a him a pm. 

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