Written Notice for Collection...what if it's sent to an old address?

Question

An old credit card debt has come back to haunt me! A "collector/lawyer" called me demanding I pay his "law office" 3,000.00 to clear this old debt. I read that the collection agency has 5 days to send me a written notice of the matter and then I have 30 days to dispute it. Well, I never received a written notice. When I spoke to the "lawyer" he became IRATE with me when I refused to give him my address. But I only hesitated because I'm afraid they're not legitimate. Apparently, they have a very old address on file. Now, he's threatening to sue me if I don't pay! I'd like to send the letter to verify that he is in fact who he says he is & that the debt amount is correct but I'm afraid he'll proceed with this lawsuit before I can even write the letter. Is it too late to send a validation letter? Should I request a written notice to my current address? And what if they sent a notice to an old address..have I missed out on the alloted time to dispute the debt?? Please help!

Answer 1

Chances are you spoke with a collector at the law firm. It is a waste of time to speak with them.

Send a letter certified mail return receipt requested to the "Law Firm." State that you believe that you don't owe the alleged debt and additionally you dispute the amount claimed owed. Request "Validation" of the debt. Request, statements, application, who the original creditor is, request the assignment and proof that you were notified of such assignment and how they arrived at that amount they are seeking.

If they sue you deny deny deny, say its beyond the statute of limitations (thta is state specific, in NY its 6 years from date of last activity) counterclaim for frivolous suit, violations of the FDCPA, and state consumer protection laws. Demand a Bill of Particulars and documents statements, application, name of witness, assignment, etc. If they don't produce them within 20 to 30 days depending on the demand motion to preclude the evidence, then motion to dismiss the case. Try to ask the Judge to dismiss the case with prejudice.

Answer 2

I agree with Slimick. IMMEDIATELY send a demand to validate letter to this lawyer referencing his phone call to you.

Since this is the first time you spoke with him, consider this the initial contact and make sure you include your correct address in the DV letter.

Answer 3

Hi,

I used "Credit Solution" to settle my debt and improve my credit score.They managed to reduce my debt up to 58%.It's legitimate. I came across this company on NBC News Special Edition.Check it out here:

http://twurl.nl/outnrj

Answer 4

They must provide you with evidence of the debt, it is the law!  I don't believe the so called attorney is so.  They are just scaring you (against the law!).  If the amount owed is less than $5K - $10K chances are they will actually not sue you, it is too expensive.  Keep in mind, the collection agency does not get to keep the whole collected amount.

Another thing is the statute of limitations.  While debts "never" expire, the legal remedies to collect them do.  In most states, after 4 - 5 years, the lender has no legal way of collecting money, except asking you to pay.  After 7 years, it will no longer appear on your credit report.

Here are two sites about statute of limitations.

http://credit.about.com/od/debtcollectio...

http://credit.about.com/gi/dynamic/offsi...

Answer 5

You need to determine if this debt is outside the statute of limitations for your state....If it is, this firm is powerless against you.  To do this, go to the link below and look up your state under "Open" accounts.  If your account is older than what is stated, it's outside the statute of limitations.  In the interim:

Send them a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt