bbuttercupp

Is there a lawyer in AZ eager to engage Persolve Legal Group?

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Let the fun begin! I am new here, and there is a ton of great information on here! I am thankful. This year, like others, I had a lot of loss. My fiance, father, dog and my job all passed away. I am involved with one estate and one probate case in two other states already. My bandwidth is completely tapped. I know that I can't compete in a legal battle when my heads not in the game. 

I am looking for a lawyer, licensed in Arizona, specifically Maricopa county to represent my intentions. I have interviewed a few litigation lawyers and many are not "Persolve-familiar". It is obvious Persolve likes to dig-in. I'd like to know about options. It is early, but that seems to be an advantage.

All ideas welcome from here on.

Backstory:

  • 5/30/20 a $10,500.00 debt that I had with BBVA fell off the payment plan. (I have documentation.)
  • 6/20 I called Persolve and I was told that they did not own the account even though BBVA Bank said that they did.
  • 7/22/20 I receive my only letter from Persolve asking for $13,000.00. 
  • 8/19/20 I send a USPS tracked letter back to Persolve contesting the debt amount as being invalid. I am asking for a payment plan based upon the original debt amount. I ask for an explanation of fees.
  • -no response-
  • 10/20 I send an email to Persolve from the original 7/22 debt document.
  • -no response-
  • 12/1/20 I send another trackable USPS letter demanding communication. I send a $50.00 dollar payment in a money order as an act of good faith for a payment plan.
  • -no response-

By this point they have violated all terms of the Fair Trade Credit Act

  • 12/28/20 I received an advertisement from some third party debt settlement company asking if I want help with my court case. News to me that I had a court case. The court case was filed 12/11/20.

I have yet to be served. I cannot access my documents online from the case until served in Maricopa county. They have 90 days to serve me here. I believe that I have 30 days to respond. 

At all costs I would like to avoid a judgement. Definitely report Persolve's violations of the Fair Debt Collection Practices Act (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#805) to the bar or attorney general. I learned from the Arizona Dept. of Financial Institutions that because Persolve is law firm in CA they are not governed by the normal Debt collection obligations in AZ. I learned that it is loophole and nothing can be enforced until the lawyer misbehaves and that would be AZ Bar related. Unless it is all filed in CA. 

 

 

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9 hours ago, bbuttercupp said:

Let the fun begin! I am new here, and there is a ton of great information on here! I am thankful. This year, like others, I had a lot of loss. My fiance, father, dog and my job all passed away. I am involved with one estate and one probate case in two other states already. My bandwidth is completely tapped. I know that I can't compete in a legal battle when my heads not in the game. 

I am looking for a lawyer, licensed in Arizona, specifically Maricopa county to represent my intentions. I have interviewed a few litigation lawyers and many are not "Persolve-familiar". It is obvious Persolve likes to dig-in. I'd like to know about options. It is early, but that seems to be an advantage.

All ideas welcome from here on.

Backstory:

  • 5/30/20 a $10,500.00 debt that I had with BBVA fell off the payment plan. (I have documentation.)
  • 6/20 I called Persolve and I was told that they did not own the account even though BBVA Bank said that they did.
  • 7/22/20 I receive my only letter from Persolve asking for $13,000.00. 
  • 8/19/20 I send a USPS tracked letter back to Persolve contesting the debt amount as being invalid. I am asking for a payment plan based upon the original debt amount. I ask for an explanation of fees.
  • -no response-
  • 10/20 I send an email to Persolve from the original 7/22 debt document.
  • -no response-
  • 12/1/20 I send another trackable USPS letter demanding communication. I send a $50.00 dollar payment in a money order as an act of good faith for a payment plan.
  • -no response-

By this point they have violated all terms of the Fair Trade Credit Act

  • 12/28/20 I received an advertisement from some third party debt settlement company asking if I want help with my court case. News to me that I had a court case. The court case was filed 12/11/20.

I have yet to be served. I cannot access my documents online from the case until served in Maricopa county. They have 90 days to serve me here. I believe that I have 30 days to respond. 

At all costs I would like to avoid a judgement. Definitely report Persolve's violations of the Fair Debt Collection Practices Act to the bar or attorney general. I learned from the Arizona Dept. of Financial Institutions that because Persolve is law firm in CA they are not governed by the normal Debt collection obligations in AZ. I learned that it is loophole and nothing can be enforced until the lawyer misbehaves and that would be AZ Bar related. Unless it is all filed in CA. 

 

 

What is the Fair Trade Credit Act?  How exactly has it been violated?

Also, what do you mean by “debt that I had with BBVA fell off the payment plan”?

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Posted (edited)

 

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#805

They protect consumers from bad debt collections actions, threats, sending certain documents, being responsive, etc. Enforced by the Bureau of Consumer Financial Protection. Persolve's refusal to communicate by once probably violates one of them.

 

Fell off payment plan is self evident statement. When someone is unemployed there living budget dwindles. You have to make priority choices. 

The original payment plan was with original creditor, BBVA, and NOT Persolve. Yes, defaulted with BBVA.

Edited by bbuttercupp
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17 hours ago, bbuttercupp said:

5/30/20 a $10,500.00 debt that I had with BBVA fell off the payment plan. (I have documentation.)

In other words you defaulted:  again.

17 hours ago, bbuttercupp said:
  • 7/22/20 I receive my only letter from Persolve asking for $13,000.00. 
  • 8/19/20 I send a USPS tracked letter back to Persolve contesting the debt amount as being invalid. I am asking for a payment plan based upon the original debt amount. I ask for an explanation of fees.

There is no requirement in the FDCPA or AZ law that they give you a payment plan or continue one you entered in to with the OC.  They are also not required to explain anything in a DV letter  you sent.  They are only required to do that in court if compelled to.

17 hours ago, bbuttercupp said:
  • no response-
  • 10/20 I send an email to Persolve from the original 7/22 debt document.
  • -no response-

They are not required to respond.  They are only required to cease collection activities until they do respond and suing you is not a collection activity in most Federal jurisdictions.

17 hours ago, bbuttercupp said:
  • 12/1/20 I send another trackable USPS letter demanding communication. I send a $50.00 dollar payment in a money order as an act of good faith for a payment plan.
  • -no response-

Sending the payment was a major mistake because they can now use that as evidence in the lawsuit that you are acknowledging the debt as yours.

17 hours ago, bbuttercupp said:

Definitely report Persolve's violations of the Fair Debt Collection Practices Act (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#805) to the bar or attorney general.

Based on what you posted here I don't see any FDCPA violations.  What are you alleging is a violation?

1 hour ago, bbuttercupp said:

Persolve's refusal to communicate by once probably violates one of them.

Nope.  They can cease communication. What they can't do is refuse to do is cease collection efforts until they respond to a timely sent DV letter.  Their silence following your August DV letter is not and FDCPA violation in my opinion.

17 hours ago, bbuttercupp said:

At all costs I would like to avoid a judgement.

Then you need a lawyer for a debt over $10k.  Even if there was an FDCPA violation it is only worth $1k maximum.  All BBVA will do (if they still own the debt) is drop Persolve as the law firm and force you to pursue the violation against them as a separate action.  They still have the option to keep Persolve knowing that if you file a counter claim it is worth less than 10% of their claim against you.  They will simply win the lawsuit and deduct any award for the violation from their award for the debt.

You can find a good Consumer Attorney by searching NACA. 

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