Do I still have time set up payment before I'm sued?

[Natalie07]

Hello all. I'm new to this so I apologize if this has been answered already. I have a debt with Portfolio Recovery. I went to set up an arrangement and the debt has been moved to Weber & Oclese. This is recent, no court filings have been made to my knowledge. Do I still have time to contact them and work something out and will they just file and not even care? Please let me know your thoughts. I'm sure every firm is different. Thank you. 

[BV80]

36 minutes ago, Natalie07 said:

Hello all. I'm new to this so I apologize if this has been answered already. I have a debt with Portfolio Recovery. I went to set up an arrangement and the debt has been moved to Weber & Oclese. This is recent, no court filings have been made to my knowledge. Do I still have time to contact them and work something out and will they just file and not even care? Please let me know your thoughts. I'm sure every firm is different. Thank you. 

Who is the original creditor?

Whar is the amount of the debt?

When did you last make a payment on the account?

[nobk4me]

Of course, it's up to you, but, IMO, there are better ways to deal with this than paying them.

Such as, if there is an arbitration clause in the OC's cardmember agreement, use the arbitration strategy.  You can make this go away for $0.  JDBs like PRA hate arbitration.

[BackFromTheDebt]

46 minutes ago, nobk4me said:

Of course, it's up to you, but, IMO, there are better ways to deal with this than paying them.

Such as, if there is an arbitration clause in the OC's cardmember agreement, use the arbitration strategy.  You can make this go away for $0.  JDBs like PRA hate arbitration.

Which is why @BV80 asked the name of the OC and the amount.  To see if there IS a better way.  

 

If not, the OP will have to negotiate a deal with the law firm.  The law firm usually has some leeway to negotiate, esp. if you contact them before they have filed suit, saving them the costs of filing the suit.  

[Natalie07]

11 hours ago, BV80 said:

Who is the original creditor?

Whar is the amount of the debt?

When did you last make a payment on the account?

Hello. Sorry if I was supposed to originally post this..

Original creditor is Comenity Bank, it's a store credit card for Victoria's Secret.

The amount is $712.

And I don't remember the last payment. If I had to guess I'd say 3+ years. I'll try to locate it. 

8 hours ago, nobk4me said:

Of course, it's up to you, but, IMO, there are better ways to deal with this than paying them.

Such as, if there is an arbitration clause in the OC's cardmember agreement, use the arbitration strategy.  You can make this go away for $0.  JDBs like PRA hate arbitration.

Thank you for the reply. I would love that because I'd rather not pay, but this stuff is so new to me so I don't know where to start. I know I owe the debt too, but if I can make it go away I'm all for it. I can't afford a lawyer though and I don't know what arbitration is? Or how to locate my credit card agreement.. 

8 hours ago, BackFromTheDebt said:

Which is why @BV80 asked the name of the OC and the amount.  To see if there IS a better way.  

 

If not, the OP will have to negotiate a deal with the law firm.  The law firm usually has some leeway to negotiate, esp. if you contact them before they have filed suit, saving them the costs of filing the suit.  

Yeah if I have to pay I rather do it before they file in court. I just don't know how much time I'll have. I'll look into arbitration after the above user replies to learn more on that. I'm new to this so I appreciate the help. I feel pretty stupid and very lost lol so thank you alll! 

[fisthardcheese]

4 hours ago, Natalie07 said:

Hello. Sorry if I was supposed to originally post this..

Original creditor is Comenity Bank, it's a store credit card for Victoria's Secret.

The amount is $712.

And I don't remember the last payment. If I had to guess I'd say 3+ years. I'll try to locate it. 

Thank you for the reply. I would love that because I'd rather not pay, but this stuff is so new to me so I don't know where to start. I know I owe the debt too, but if I can make it go away I'm all for it. I can't afford a lawyer though and I don't know what arbitration is? Or how to locate my credit card agreement.. 

Yeah if I have to pay I rather do it before they file in court. I just don't know how much time I'll have. I'll look into arbitration after the above user replies to learn more on that. I'm new to this so I appreciate the help. I feel pretty stupid and very lost lol so thank you alll! 

It will all really depend on how much you want to get into the thick of it.  Arbitration is in the Comenity Card Agreement, which gives you the right to have any dispute heard in arbitration rather than court. However, it is not one of the very nice agreements that says the company must pay 100% of all arbitration costs.  It would most likely require you to pay the $250 filing fee for JAMS arbitration.  All of the information regarding arbitration can be found in the link in my signature below.

Since they have not sued yet, and since the arbitration method would require going to court at least once, filing a motion to compel arbitration and then most likely paying the $250 JAMS filing fee (there is a potential of getting that back, but no guarantee), and given that the alleged debt is just about $700, if this were me, I would contact them now by email or certified letter (I prefer email) and let them know you received their collection letter but that you dispute this alleged debt. And tell them that you intend to file a JAMS Arbitration case to resolve this alleged debt dispute, but that in the interest of time and expense, you are willing to offer them $250 to settle this matter in exchange for a mutual release.  I would make sure to include an expiration date for my settlement offer (15 days is pretty standard) by saying, this offer will expire on October XX, 2018.

If you send a certified letter, I would let them know they can contact me by email to respond to my offer and give them your email address.  I would be prepared for them to counter offer for a higher dollar amount - potentially for the full $700.  If this happens, I would counter back with a new offer ONLY if you are able and can pay it in one lump sum.  For instance if you can go up to $350, you can counter by saying that you reject their offer but will counter with $350 plus a mutual release. I would let them know that this is my final offer before I file JAMS arbitration.

This may or may not work.  There is also the potential that during the negotiations they may file the case in court to try to add that pressure to you and get you to accept a higher offer.  If they do this, I would contact them and let them know that due to their actions, I am rescinding all previous offers and then just file the Motion to Compel Arbitration in court.

NOW - bottom line is that my suggestion to settle with them for about $250 is only based on the fact you MAY have to pay that anyway in arbitration.  However, if you are unable to pay that at this time or they refuse to accept a settlement that low, then I would follow the arbitration method as outlined in my link below and we can guide you along the way and help you to potentially put off paying the full $250 to JAMS and to get PRA to drop their lawsuit before that full amount is due.  Or, alternatively, to negotiate a settlement when they refuse to arbitrate where they pay YOU the $250 back to drop your arbitration case against them.

[BackFromTheDebt]

To expand on what @fisthardcheese  said above:

 

There are SOME cases in which you can avoid paying the $250 in JAMS.  

I have done that twice, with a total of three accounts.  

The first time I filed in JAMS for two accounts with the same bank and the same law firm.  I was able to negotiate an agreement I was very, very happy with before having to pay the $250.

In the other case, it was back when Cap 1 still had arbitration.  The law firm made a statement in a court filing that the OC would pay my fees.  In fact, the OC never paid either my fees nor their own fees, and the case was dismissed.  

tl:dr -- sometimes you can file in JAMS without paying the $250, and win without having to ever pay anything.  This doesn't always happen, but it SOMETIMES works.  

[Natalie07]

On 10/2/2018 at 6:13 AM, fisthardcheese said:

It will all really depend on how much you want to get into the thick of it.  Arbitration is in the Comenity Card Agreement, which gives you the right to have any dispute heard in arbitration rather than court. However, it is not one of the very nice agreements that says the company must pay 100% of all arbitration costs.  It would most likely require you to pay the $250 filing fee for JAMS arbitration.  All of the information regarding arbitration can be found in the link in my signature below.

Since they have not sued yet, and since the arbitration method would require going to court at least once, filing a motion to compel arbitration and then most likely paying the $250 JAMS filing fee (there is a potential of getting that back, but no guarantee), and given that the alleged debt is just about $700, if this were me, I would contact them now by email or certified letter (I prefer email) and let them know you received their collection letter but that you dispute this alleged debt. And tell them that you intend to file a JAMS Arbitration case to resolve this alleged debt dispute, but that in the interest of time and expense, you are willing to offer them $250 to settle this matter in exchange for a mutual release.  I would make sure to include an expiration date for my settlement offer (15 days is pretty standard) by saying, this offer will expire on October XX, 2018.

If you send a certified letter, I would let them know they can contact me by email to respond to my offer and give them your email address.  I would be prepared for them to counter offer for a higher dollar amount - potentially for the full $700.  If this happens, I would counter back with a new offer ONLY if you are able and can pay it in one lump sum.  For instance if you can go up to $350, you can counter by saying that you reject their offer but will counter with $350 plus a mutual release. I would let them know that this is my final offer before I file JAMS arbitration.

This may or may not work.  There is also the potential that during the negotiations they may file the case in court to try to add that pressure to you and get you to accept a higher offer.  If they do this, I would contact them and let them know that due to their actions, I am rescinding all previous offers and then just file the Motion to Compel Arbitration in court.

NOW - bottom line is that my suggestion to settle with them for about $250 is only based on the fact you MAY have to pay that anyway in arbitration.  However, if you are unable to pay that at this time or they refuse to accept a settlement that low, then I would follow the arbitration method as outlined in my link below and we can guide you along the way and help you to potentially put off paying the full $250 to JAMS and to get PRA to drop their lawsuit before that full amount is due.  Or, alternatively, to negotiate a settlement when they refuse to arbitrate where they pay YOU the $250 back to drop your arbitration case against them.

This is all awesome info! I really do appreciate you taking the time to explain this to me as I'm new to all of this. I was recently sued 2x and wish I had tried this... Now that another is after me I'd love to not pay a dime. 

Well if I'm being completely honest, I can't afford $250 right now. And I still haven't received anything in the mail from this firm yet as they recently aquired it. I'm worried if I start this process and lose, they won't work with me period. As I would only be able to afford small payments each month. But I do like the idea of having it thrown out completely. So where would you suggest I start since I can't pay $250 right now, but would like to being the arbitration? I can check out your link below. It would be nice to get something started before they do sue me. I assumed they'd at least contact me first before just coming at me lol. Even once I am sued, am I able to purse arb still?

I just didn't think I could fight it since I do owe the money. So I'm really appreciative of this info as I'd rather not pay a dime.. I can't afford to have these piling up. I do understand it is my fault, but hey it happens right?! Thank you again! This is really nice of you to explain. Lastly, when you say I'd have to go to court at least once? What does that entail if I file JAMS?

On 10/2/2018 at 3:16 PM, BackFromTheDebt said:

To expand on what @fisthardcheese  said above:

 

There are SOME cases in which you can avoid paying the $250 in JAMS.  

I have done that twice, with a total of three accounts.  

The first time I filed in JAMS for two accounts with the same bank and the same law firm.  I was able to negotiate an agreement I was very, very happy with before having to pay the $250.

In the other case, it was back when Cap 1 still had arbitration.  The law firm made a statement in a court filing that the OC would pay my fees.  In fact, the OC never paid either my fees nor their own fees, and the case was dismissed.  

tl:dr -- sometimes you can file in JAMS without paying the $250, and win without having to ever pay anything.  This doesn't always happen, but it SOMETIMES works.  

How did you manage to get away with not paying if you don't mind me asking? Was there a certain letter you wrote to them? 

I just think it's silly because the amount is $712.00 and they're wasting time and money over that so if I can get them to drop it all that would make my day! It's worth a shot. 

Thank you for the info! I appreciate it! This is all new to me.. I've had 2 of these prior where I set up payment arrangements because I panicked and didn't know what else to do. Wish I had found this forum sooner. I don't have the money to fight these so I'd love if they could just be dropped! 

[BackFromTheDebt]

13 hours ago, Natalie07 said:

This is all awesome info! I really do appreciate you taking the time to explain this to me as I'm new to all of this. I was recently sued 2x and wish I had tried this... Now that another is after me I'd love to not pay a dime. 

Well if I'm being completely honest, I can't afford $250 right now. And I still haven't received anything in the mail from this firm yet as they recently aquired it. I'm worried if I start this process and lose, they won't work with me period. As I would only be able to afford small payments each month. But I do like the idea of having it thrown out completely. So where would you suggest I start since I can't pay $250 right now, but would like to being the arbitration? I can check out your link below. It would be nice to get something started before they do sue me. I assumed they'd at least contact me first before just coming at me lol. Even once I am sued, am I able to purse arb still?

I just didn't think I could fight it since I do owe the money. So I'm really appreciative of this info as I'd rather not pay a dime.. I can't afford to have these piling up. I do understand it is my fault, but hey it happens right?! Thank you again! This is really nice of you to explain. Lastly, when you say I'd have to go to court at least once? What does that entail if I file JAMS?

How did you manage to get away with not paying if you don't mind me asking? Was there a certain letter you wrote to them? 

I just think it's silly because the amount is $712.00 and they're wasting time and money over that so if I can get them to drop it all that would make my day! It's worth a shot. 

Thank you for the info! I appreciate it! This is all new to me.. I've had 2 of these prior where I set up payment arrangements because I panicked and didn't know what else to do. Wish I had found this forum sooner. I don't have the money to fight these so I'd love if they could just be dropped! 

These were two different JAMS cases.   

One case was unique.  This was Cap 1.  The arb argreement says they MIGHT pay.  The crooked law firm said in court documents that Cap 1 WOULD pay if I asked.  By that time, the judge in my case had thrown out all of their evidence.  In those days in my state (before the ATT case) the courts had pretty strict review, and could throw out arbitration awards if they didn't agree with it.  So the judge would've thrown out any award that depended on their bad evidence.  In other words, they didn't want to continue.  I kept demanding that Cap 1 pay all the fees, they never paid ANY fees, and the court case was dismissed due to lack of prosecution.

 

In the other case, I filed in JAMS and didn't pay.  I immediately contacted the opposing attorney and offered a mutual walkaway.  (I had some claims against the attorney as well as the OC).  My offer was snatched up quickly.  We had a settlement agreement before JAMS was demanding payment, so no $$$$ went to JAMS.  

 

Those are the ways to do things.  

SOMETIMES you can get away with not paying if the other side never pays.  This doesn't always work, though.  Be careful.  

[nobk4me]

Wait until they sue you.  Then file an answer, denying their allegations, and with the affirmative defense of lack of court jurisdiction because of the arbitration clause.  Then file the MTC Arb.

I would not file for arbitration in JAMS before being sued.

 

[Natalie07]

6 hours ago, BackFromTheDebt said:

These were two different JAMS cases.   

One case was unique.  This was Cap 1.  The arb argreement says they MIGHT pay.  The crooked law firm said in court documents that Cap 1 WOULD pay if I asked.  By that time, the judge in my case had thrown out all of their evidence.  In those days in my state (before the ATT case) the courts had pretty strict review, and could throw out arbitration awards if they didn't agree with it.  So the judge would've thrown out any award that depended on their bad evidence.  In other words, they didn't want to continue.  I kept demanding that Cap 1 pay all the fees, they never paid ANY fees, and the court case was dismissed due to lack of prosecution.

 

In the other case, I filed in JAMS and didn't pay.  I immediately contacted the opposing attorney and offered a mutual walkaway.  (I had some claims against the attorney as well as the OC).  My offer was snatched up quickly.  We had a settlement agreement before JAMS was demanding payment, so no $$$$ went to JAMS.  

 

Those are the ways to do things.  

SOMETIMES you can get away with not paying if the other side never pays.  This doesn't always work, though.  Be careful.  

Oh wow! Sounds like the second case went a lot smoother! I'm wondering what kind of battle they'd want over a measly $712.. Pathetic to be sued over that to begin with. 

What would happen if I filed JAMS and couldn't pay, but had asked the other side to pay.. But say they wouldn't pay it, would I just end up having to pay the debt since no one paid the JAMS fee lol. If that makes sense. 

6 hours ago, BackFromTheDebt said:

 

3 hours ago, nobk4me said:

Wait until they sue you.  Then file an answer, denying their allegations, and with the affirmative defense of lack of court jurisdiction because of the arbitration clause.  Then file the MTC Arb.

I would not file for arbitration in JAMS before being sued.

 

Okay thank you! I feel so silly asking this, but I can legally deny it even when it is my debt? Or is it one of those innocent until proven guilty things lmao. 

Okay I'll wait it out and see. So you said I would have to go to court if I file JAMS? 

[fisthardcheese]

29 minutes ago, Natalie07 said:

I can legally deny it even when it is my debt?

Denying allegations in a lawsuit is mostly just a formality that shifts the burden back to the other side to show proof of their allegations. Additionally, You are assuming a lot, which I would never do.  Do you know for a fact that PRA legally bought this debt from Comenity?  Do you know that the amount they claim is owed is correct to the penny?  I would not know the answer to these questions until PRA showed me the proof.  All you actually know for certain is that you once had an account with Comenity and that account contract contains an arbitration agreement.  Other than that, I would deny everything.

[Natalie07]

35 minutes ago, fisthardcheese said:

Denying allegations in a lawsuit is mostly just a formality that shifts the burden back to the other side to show proof of their allegations. Additionally, You are assuming a lot, which I would never do.  Do you know for a fact that PRA legally bought this debt from Comenity?  Do you know that the amount they claim is owed is correct to the penny?  I would not know the answer to these questions until PRA showed me the proof.  All you actually know for certain is that you once had an account with Comenity and that account contract contains an arbitration agreement.  Other than that, I would deny everything.

This is exactly why I am happy to be on this forum haha. Thank you!!! I always thought I couldn't deny it because it is indeed mine Now if its correct down to the penny I'm not sure. I would need proof of the debt. So I guess I'll wait until they sue me then go from there. I'll definitely need help though so this is all new to me and I'm super nervous lol. It's worth a shot though because I don't want to pay a dime.

Would you happen to know of or be familiar with any Arbitration clauses for a Credit One bank credit card? 

[nobk4me]

19 hours ago, Natalie07 said:

 

Okay I'll wait it out and see. So you said I would have to go to court if I file JAMS? 

You have to go to court if they sue you.  Filing in JAMS ahead of this probably won't stop them from suing you.

Here is the sequence:  They file a lawsuit against you in court.  You file an answer, and the MTC Arb.    THEN you may need to file in JAMS.  

I say "may" because that would depend on circumstances.  It would be best to wait until the MTC Arb is granted.  It's possible the JDB would just drop the case, then you won't have to file in JAMS.  Or the court may require you to file the arbitration.  Or the JDB attorney may claim you aren't sincere about arb because you haven't filed yet.  In those cases, then you file in JAMS.

Right now, before they have sued you, you don't need to do anything, except study the arbitration strategy.  You may also want to send a DV/dispute letter to the JDB lawyers.

 

[BackFromTheDebt]

20 hours ago, nobk4me said:

You have to go to court if they sue you.  Filing in JAMS ahead of this probably won't stop them from suing you.

 

Actually, that is not necessarily the case.

There were three times I filed in JAMS ahead of being sued.  In two of the cases, they never filed suit. 

In the third case, they filed in court after they received notice I had filed in JAMS.  I immediately contacted the attorney, and they immediate withdrew the case.  I contended that filing in JAMS was an FDCPA violation.  In many cases, this would be enough to convince them to agree to a mutual walkaway.  In my particular case, they filed in court before I paid in JAMS, so we had the settlement before I had to pay in JAMS.

 

That is an interesting strategy to use if you are in danger of being sued very, very quickly, as in within the next couple of weeks.  HOWEVER, if they don't file in court right away, or settle very quickly, you are stuck with the $250 JAMS fee.  That could be an argument for filing an MTC, and then filing in JAMS after filing the MTC.  That gives you more time to negotiate a settlement.  

 

As far as what happens if you cannot pay the $250, since you are not in California, check the arbitration agreement and see what it says. Some arbitration agreements force them to pay, quite a few say they will pay if they think you cannot afford it, but the creditor is the one who decides whether they will pay for you.  See what the arbitration agreement says long before you file.  

[fisthardcheese]

On 10/5/2018 at 9:13 PM, Natalie07 said:

Would you happen to know of or be familiar with any Arbitration clauses for a Credit One bank credit card?

Credit One has JAMS arbitration but also a "small claims exception", meaning that they can probably get a judge to deny arbitration if they sued you in small claims court.  This is one of the ONLY contracts that I would file a case in JAMS first before they sue me.

Does Credit One still hold your account, or has it been transferred to a debt buyer (like, maybe Sherman?)

[Natalie07]

On 10/6/2018 at 3:45 PM, nobk4me said:

You have to go to court if they sue you.  Filing in JAMS ahead of this probably won't stop them from suing you.

Here is the sequence:  They file a lawsuit against you in court.  You file an answer, and the MTC Arb.    THEN you may need to file in JAMS.  

I say "may" because that would depend on circumstances.  It would be best to wait until the MTC Arb is granted.  It's possible the JDB would just drop the case, then you won't have to file in JAMS.  Or the court may require you to file the arbitration.  Or the JDB attorney may claim you aren't sincere about arb because you haven't filed yet.  In those cases, then you file in JAMS.

Right now, before they have sued you, you don't need to do anything, except study the arbitration strategy.  You may also want to send a DV/dispute letter to the JDB lawyers.

 

They haven't filed a lawsuit as of yet.. I'm really trying to avoid that. But I did just today receive my first letter, from Weber & Olcese, letting me know they own my debt and I have 30 days to dispute it or it's valid...and it also has a file number for their website so I can go see the debt or something. So would this be my time to right a dispute letter? Any templates for that as what I should say? Any help would be greatly appreciated. I want to do this one the right way!

I appreciate all of the other info so thank you! I'm hoping this works out as it's for only $712 and I don't see why it's worth their time.. Although I have read that most people don't even answer back and just end up garnished, so they probably try for any amount and figure they'll get it easily. Well not today lmao.

Thank you again!

17 hours ago, BackFromTheDebt said:

Actually, that is not necessarily the case.

There were three times I filed in JAMS ahead of being sued.  In two of the cases, they never filed suit. 

In the third case, they filed in court after they received notice I had filed in JAMS.  I immediately contacted the attorney, and they immediate withdrew the case.  I contended that filing in JAMS was an FDCPA violation.  In many cases, this would be enough to convince them to agree to a mutual walkaway.  In my particular case, they filed in court before I paid in JAMS, so we had the settlement before I had to pay in JAMS.

 

That is an interesting strategy to use if you are in danger of being sued very, very quickly, as in within the next couple of weeks.  HOWEVER, if they don't file in court right away, or settle very quickly, you are stuck with the $250 JAMS fee.  That could be an argument for filing an MTC, and then filing in JAMS after filing the MTC.  That gives you more time to negotiate a settlement.  

 

As far as what happens if you cannot pay the $250, since you are not in California, check the arbitration agreement and see what it says. Some arbitration agreements force them to pay, quite a few say they will pay if they think you cannot afford it, but the creditor is the one who decides whether they will pay for you.  See what the arbitration agreement says long before you file.  

Thank you for the info! I appreciate it as this is all so new to me and I've got a lot to learn!

I haven't been sued yet, but did receive my first letter from the attorney saying I have 30 days to dispute the debt or they assume it's valid. So I've got 30 days before they sue me I suppose, which I'm trying to avoid.

I'll send them a letter to dispute it and then they probably send proof and all that fun stuff. Then what do I do if they actually have proof? Would I wait around to be sued or proceed to file JAMS?

14 hours ago, fisthardcheese said:

Credit One has JAMS arbitration but also a "small claims exception", meaning that they can probably get a judge to deny arbitration if they sued you in small claims court.  This is one of the ONLY contracts that I would file a case in JAMS first before they sue me.

Does Credit One still hold your account, or has it been transferred to a debt buyer (like, maybe Sherman?)

And as far as Credit One goes.. They were suing me so I was thinking of doing arb for them too once I was served but never was. LVNV Funding possibly had the debt and idk their lawyer on it. It posted on dockets back in May.. But nothing ever came to me. July 24th they posted-"motion to extend for serv filed" and had until October 1st.. And wow, it now says closed! It says "notice for non-serv/no progr issued" and then "dismissal for non-service entered." Interesting.. I wonder what happened there.

So thank you!!!! I'm glad I checked because you wanted to know the company and I had no idea it was closed lol. I know they can sue me again, but hey for now this buys me time so I'm super happy lol. Now I can focus on this other one from Comenity.

[fisthardcheese]

5 hours ago, Natalie07 said:

They haven't filed a lawsuit as of yet.. I'm really trying to avoid that.

It is highly likely you can't avoid it, no matter what you do right now.  It's probably best to just prepare to show up to court and assert your right to arbitration.

5 hours ago, Natalie07 said:

So would this be my time to right a dispute letter? Any templates for that as what I should say? Any help would be greatly appreciated. I want to do this one the right way!

"I dispute this alleged debt. Please verify."   That's it. That is your template.  They don't have to send proof.  They literally only have to send what amounts to another letter stating that you owe $X amount and that is originated with Comenity Bank.  Once they send this letter, I would believe they are going to file the lawsuit soon after.  Don't panic.  Just sit tight and wait to be served.  After that, we can help you answer and file the MTC.  Until then, read the info in the link in my signature to learn more about the process, how it works and what happens when you go to court and ask for arbitration.

5 hours ago, Natalie07 said:

"dismissal for non-service entered." Interesting.. I wonder what happened there.

LVNV could not find you for some reason.  Have you moved since you first opened that account?  Maybe they came by when you were not home.  This is another one I would just lay low on.  Don't contact them or anything.  They might let it sit dormant until the SOL runs out since they couldn't serve you.

[Natalie07]

3 hours ago, fisthardcheese said:

It is highly likely you can't avoid it, no matter what you do right now.  It's probably best to just prepare to show up to court and assert your right to arbitration.

"I dispute this alleged debt. Please verify."   That's it. That is your template.  They don't have to send proof.  They literally only have to send what amounts to another letter stating that you owe $X amount and that is originated with Comenity Bank.  Once they send this letter, I would believe they are going to file the lawsuit soon after.  Don't panic.  Just sit tight and wait to be served.  After that, we can help you answer and file the MTC.  Until then, read the info in the link in my signature to learn more about the process, how it works and what happens when you go to court and ask for arbitration.

LVNV could not find you for some reason.  Have you moved since you first opened that account?  Maybe they came by when you were not home.  This is another one I would just lay low on.  Don't contact them or anything.  They might let it sit dormant until the SOL runs out since they couldn't serve you.

So say right now, I contacted them to set up a payment arrangement, would they still sue me? I'm not going too...just a question I'm unsure of. I'm just going to fight it and hope for the best lol. I'm just a very shy person so I don't want to go to court and talk to anyone, but rather suck that up than pay the money.

The letter they sent over has the amount of the balance on it. It says "unless I notify them within 30 days after receipt of this notice that you dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by our office. If you notify our office in writing within 30 days, that the debt, or any portion thereof, is disputed, our office wil obtain verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by our office. Upon your written request within 30 days our office will provide you with the name and address of the original creditor, if different from current creditor." Then they gave me a file number and contact at their office to see more on this debt. If I login on that site and sign up with my file #, am I admitting to this debt though? 

Thank you for all of that info though, I'll be sure to send the letter than sit and wait until they decide to sue me  

You know that's what the funny thing is...the court dockets have my current address listed so that's weird.. and that LVNV has sent me a letter here before saying they now own my debt. I have moved though since opening it...same city just a few blocks down the road lol. If they can't serve me physically they just throw it in the mail and slap a copy on my door here in good ole Michigan.. Because I've been served twice before this and they never served me in person lol I sure don't make it easy  Haha. I think the times they came by I was asleep though because I'd wake up to cards on my door, but they were never successful at reaching me personally. So they had to mail it to me and leave a copy on the door... So I'm not sure what happened here..I was shocked to see it closed, but very happy! Hopefully it remains that way. I think SOL here is 6 yrs though and I opened in sometime in 2016.. so we will see!

 

Thank you again!!! I'm really excited to try fighting it, but nervous at the same time haha. Anything that gives me hope to drop this though, is worth a shot!

[Goody_Ouchless]

16 minutes ago, Natalie07 said:

If I login on that site and sign up with my file #, am I admitting to this debt though? 

No, but it lets them know that they found the right person - it's highly unlikely that if the wrong person got that letter they would sign up and login. They'd toss the letter.

That's my argument against DV letters, as well, No one is going to send a DV letter except the correct debtor - they get a DV, they know they have the right person.

[Natalie07]

3 minutes ago, Goody_Ouchless said:

No, but it lets them know that they found the right person - it's highly unlikely that if the wrong person got that letter they would sign up and login. They'd toss the letter.

That's my argument against DV letters, as well, No one is going to send a DV letter except the correct debtor - they get a DV, they know they have the right person.

Okay thank you. That's true, I was just curious as to what the site shows.

So are you saying not to send a dispute letter? What's a DV? 

[BV80]

41 minutes ago, Goody_Ouchless said:

That's my argument against DV letters, as well, No one is going to send a DV letter except the correct debtor - they get a DV, they know they have the right person.

I never sent DV requests but was still sued.  If they plan on suing, they’re going to sue whether or not they know for sure they have the correct address for the debtor.

The dockets in my state are loaded with lawsuits that were dismissed because the debtor could not be located and served.  

[Goody_Ouchless]

22 minutes ago, BV80 said:

The dockets in my state are loaded with lawsuits that were dismissed because the debtor could not be located and served.  

There must be some kind of decision-making process. Midland left quite a few of our debts un-pursued.

With tight margins and a large workload, if a decision has to be made between two accounts, I suspect they'll put the money into serving the person they know is "home." rather than a potential empty lot. Again, just my take - most others disagree. (I need to see if I still have records, but as I recall I got sued on accounts I DV'd and didn't get sued on accounts I didn't DV. On the flip side, my niece DV'd on an account she was sure she paid, and they came back with "our bad, we were wrong, sorry.")

1 hour ago, Natalie07 said:

What's a DV? 

Debt Validation Letter, another term for dispute letter.

 

[Natalie07]

2 hours ago, BV80 said:

I never sent DV requests but was still sued.  If they plan on suing, they’re going to sue whether or not they know for sure they have the correct address for the debtor.

The dockets in my state are loaded with lawsuits that were dismissed because the debtor could not be located and served.  

Yeah I have never disputed a debt. 2 of them sued me anyways. 

That's really funny to think that they can't find them. I was just expecting it to come in the mail! Hoping they keep it closed and move on. It's only around $600 anyways.

1 hour ago, Goody_Ouchless said:

There must be some kind of decision-making process. Midland left quite a few of our debts un-pursued.

With tight margins and a large workload, if a decision has to be made between two accounts, I suspect they'll put the money into serving the person they know is "home." rather than a potential empty lot. Again, just my take - most others disagree. (I need to see if I still have records, but as I recall I got sued on accounts I DV'd and didn't get sued on accounts I didn't DV. On the flip side, my niece DV'd on an account she was sure she paid, and they came back with "our bad, we were wrong, sorry.")

Debt Validation Letter, another term for dispute letter.

 

Okay thank you! I am new here and wasn't 100% sure.

Yeah I was sued 2x before this...didn't dispute it and was sued anyways. Oops. But that was before I found this wonderful forum, so I'm going to dispute and see what I can do for this debt.

[Goody_Ouchless]

1 hour ago, Natalie07 said:

That's really funny to think that they can't find them.

I guess as people move around - parents house, live with a friend, back to parents, etc. - the trail goes cold. We defaulted at one address and were found and sued three addresses later, but we're home owners so it was probably way easier for them to connect the dots. 

Everything is different, but I believe the last several low-dollar law suits (things under $1000) that didn't do arb were settled for around that $250 that Fist mentioned. Something that low probably doesn't accrue interest fast enough to make it worth them fooling with a judgment, so they are more willing to take a few bucks to make it go away.