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Hy guys, I have been reading a lot on this forum and I want to thank all those who brought a beam of hope into the lives of many people! Thanks!


This is my issue: on July 9 I received a letter from a law group, signed and dated by a lawyer July 6 2015, informing me of their "Intention to file litigation....". They informed me that I had 30 days to dispute the validity of the debt.


On August 3rd, I sent a letter (didn't think to make it certified!) to the law firm. Today, August 9, I receive another letter from the same law firm (dated and signed Aug 6) stating they have "Intention to file litigation...".


Now, if I am not mistaken, they have violated the 30 days period: the original letter states "unless you dispute the validity of this debt within 30days after the receipt of this notice..." now the receipt is Jul 9 2015. The second letter in which they renew their intention to file the lawsuite is dated Aug 6 2015.


The 30 days period from the receipt I beleive starts on July 9 2015 and end on Aug 8 2015 (11.59pm), thus the first day after the 30 days is Aug 9 2015.


So to summarize:



  • Date signed by their lawyer: Jul 6, 2015
  • Date received by me: Jul 9, 2015


[30 days are supposed to pass, however i receive a new letter from them]



  • Date signed by their lawyer: Aug 06, 2015
  • Date received by me: Aug 8 2015.


Is this something that violates the Federal Act?


Btw, I do not have a job, i do not own a car or a house or any property: what is their gain from taking me to court?

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Btw, I do not have a job, i do not own a car or a house or any property: what is their gain from taking me to court?


Getting a judgment.  If you do become employed they can garnish wages.  There is also post judgment interest.  In many states judgments are good for 10-20 years and renewable.  While you may not have a job or assets at the moment you might need or want credit at some point in the future forcing you to pay.  Especially if that credit is a mortgage.

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@Clydesmom: that is true, they can obtain a judgement if they prove I own them the debt, and even in that case, because my credit is already in the trash I can just file for bankruptcy.


Also, if I read it right, because I can prove I have zero (really zero!) money (zero income and zero properties) I think I qualify for no-fee bankruptcy. But I will let them first file the lawsuit, and then I will file for bankruptcy: at least the State of California will make few bucks from these morally driven lawyers!

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You don't have to file BK over one lawsuit, especially if you have no assets and haven't lost the lawsuit.

You have a very good chance to fight the suit and get it dismissed (or win it outright). There are some good courts in SF that aren't bottom feeder friendly.

Do some research on your court and see how these cases go.

Read the threads from HomelessInCalifornia , ASTMEDIC, and String.

I would ignore the letter and see if they sue. Or send another dispute letter (CMRRR this time).

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