questions

[patches013099]

Hello,

I’ve received a letter from Hunt & Henriques Attorneys at Law and I’m quite at a loss ( I am disabled, My only source of income is Social Security and Welfare. I'm in California). The letter appears as follows,

September 13, 2018

“Re: CAPITAL ONE BANK (USA), N.A.

Account number ending in : XXXX

Balance due as of September 13, 2018: $X,XXX.XX

 

Dear XXXX XXXX

As a result of your default on the above identified account, our client CAPITAL ONE BANK (USA), N.A  has engaged this law firm to attempt to collect the outstanding balance due on your account.

Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute the validity of the debt or any part of it within that period, we will assume that the debt is valid. If you do dispute the debt, or any part of it, in writing – by mailing a notice to this firm to that effect on or before the 30th day following the date you receive this letter – we will obtain and mail to you verification of the debt. An if, within the same period, you request in writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that information too.

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than you attorney or your spouse, about your debt. Collectors may contact another person to confirm your location or to enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or Federal Trade Commission.

This communication is from a debt collector. This letter is an attempt to collect a debt and any information obtained may be used for that purpose.

Very truly yours,

Anthony DiPiero

Hunt & Henriques

Attorney at Law

 

If I' have protected income, should I tell them that or let them find out on their own. I notified all my creditors and told them my income and  that's when my accounts were closed. I inform them all my cards were cut up. I got another letter from CIR Law similar to this one for Wal-mart. I would file bankruptcy if I was able. 

[WhoCares1000]

This means that you will probably be sued and considering this is Capital One, you will probably lose. The problem they have is that they will not be able to collect a cent from you because all your income is exempt. Although some people do not think it is necessary, I would notify the bank where you have your account for Social Security that the account only has exempt funds. That will fend off any problems there.

[patches013099]

Thank you for your help. I did contact my credit union. My income is direct deposited, so it would be easy for the bank to see where my income comes from. I  have no assets. I owe more on my car than the value. I am new to this and very nervous.