I am to be sued I think.....

[tmf1]

Oops, should read: I think I am about to be sued...

 

I received by regular mail a letter from an attorney's office @ March 4. The attorney is representing the collection agency to collect a debt of $1127.60. The letter stated I had 30 days from receipt to dispute the validity of the debt.

 

The original creditor is BP- a gas card of all things. I opened the account in April 2004. It had a credit limit of $800.00.

 

I have not been officially served. I live in Florida.

 

I ignored/forgot about the letter until a few days ago. My questions are:

 

1. It is too late to send a debt validation to the atty?

 

2. Can I negotiate with the original creditor at this point?

 

3. If I cannot negotiate with the OC how do I handle things with the attorney?

 

 

Please help!!

Edited April 10, 2008 by tmf1

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[GoArsenal]

Its never too late to send a dv. You have however lost an important right, they can still continue to collect and take you to court.

[HereKittyKitty]

What was the DOFD?

 

What "attorney" is this?

[tmf1]

What was the DOFD?

 

What "attorney" is this?

 

The attorney is David E. Borack of Borack & Associates, P.A. Maitland FL. I checked the florida bar and they are real.

 

Sorry, I am a newbie what is DOFD?

 

@GoArsenal: can you explain what important right I lost?

[HereKittyKitty]

DOFD = date of first delinquency, or the date the original acct was late and never again current (usually leading to a charge-off)

 

By not DV'ing within the first 30d, you lost the right to have them stop collection activity until they validate.

[tmf1]

DOFD = date of first delinquency, or the date the original acct was late and never again current (usually leading to a charge-off)

 

By not DV'ing within the first 30d, you lost the right to have them stop collection activity until they validate.

 

 

DOFD: 9/2005

 

So my first step is to DV the atty,correct? By doing so will this encourage the atty to go ahead and proceed with legal action?

[GoArsenal]

I'd run a search to find out if they have a history of litigation in regards to collections.

[tmf1]

I'd run a search to find out if they have a history of litigation in regards to collections.

 

How do I go about this search?

[HereKittyKitty]

Find your county court records online, and search by the CA's name.

[tmf1]

HereKittyKitty,

 

What is the importance of knowing the DOFD?

[TeeSharice]

BUMP

 

 

Id take this as a personal favor if yall helped this newbie member out....

[TeeSharice]

ttt

[Stryker]

The DOFD gives you an idea of the reach of the particular statute of limitations in your state. The debt may be time barred.

 

OP, you MUST do a LOT of reading in the "Help! I've Been Served" Forum to understand what you need to do.

Edited April 16, 2008 by Stryker

[ClarkeCO]

And by searching your local court records (most you can do online, free and easily) you can determine how often they file if at all. Do you have a copy of your credit report? Does it show charge off zero balance on the OC (Original Creditors) tradeline (The gas card) if so that means the debt was sold, and you really do not have much chance working with the OC.

[TeeSharice]

http://creditboards.com/forums/index.php?showtopic=32

 

 

Credit Report Account Ratings

I=Installment R=Revolving

0 Too new to rate

1 Pays account as agreed

2 Not more than two payments past due

3 Not more than three payments past due

4 Not more than four payments past due

5 At least 120 days or more than for payments past due

7 Making regular payments under W.E.P

8 Repossession

9 Bad Debt; placed for collection; skip

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updated 09/07 Radi8

[Stryker]

ttt.

[TeeSharice]

^^^

[HereKittyKitty]

I'll take a shot at it ...

 

1. It is too late to send a debt validation to the atty?

You haven't been served ... so I'd say you can DV. But I do think it depends on what state you're in and the laws there regarding an atty collecting on behalf of a CA being under the same rules as a CA insofar as validation.

 

 

2. Can I negotiate with the original creditor at this point?

It depends on who owns the debt. If the CA does, no.

 

 

3. If I cannot negotiate with the OC how do I handle things with the attorney?

That's something I can't answer ... but the folks over in the "help I've been served" forum might be able to, or perhaps centex (a board member who's an atty) will chime in.

[tmf1]

Thanks everyone for your help.

 

The attorney is representing LVNV Funding. I checked the local courts online and they have filed over 500 cases, most of them were defaults with a few stipulation agreements.

 

How do I find Florida's SOL?

 

Just to clarify at this point I need to:

 

1. DV the attorney

 

2. DV LVNV Funding

 

3. Research Florida's SOL

 

 

I am usually on here during work hours, so I cannot respond immediately. My computer at home died. Please be patient with me.

 

Thanks TeeSharice.

[collins135]

Thanks everyone for your help.

 

The attorney is representing LVNV Funding. I checked the local courts online and they have filed over 500 cases, most of them were defaults with a few stipulation agreements.

 

How do I find Florida's SOL?

 

Just to clarify at this point I need to:

 

1. DV the attorney

 

2. DV LVNV Funding

 

3. Research Florida's SOL

 

 

Florida's SOL is 4 years. I live in Jacksonville so I know. I also have beat LVNV and their attorney. DV the attorney, just send something simple. something along the lines of

 

I have recently received copies of my credit reports and have noted that your company lists an account with the credit reporting agencies. I am disputing this account in its entirety as I have no records of any of these accounts numbered:

 

Please send me all documents you currently own on this account substantiating claims of monies owed. Should you have all proper documents on this account, I will be open to finding an amicable agreement to resolve this matter.

 

Please be advised at this time, you may only contact me about this matter in writing and should any telephone calls be made, they will be recorded. Also be aware that all communication is subject to review by my legal counsel and I reserve all right to pursue further legal action as necessary, not limited to filing complaints with the appropriate agencies.

 

Also, send a copy of the letter to LVNV and Resurgent, because that is who collects for LVNV. I can bet with 99.9 % certainty that LVNV lists as a factoring company account on your reports so you will never here from LVNV. But if you do not send them ALL letters, they will claim you never sent them a letter.

 

Send all letters by certified mail return reciept, trust me on that.

[tmf1]

Thanks everyone for your help.

 

The attorney is representing LVNV Funding. I checked the local courts online and they have filed over 500 cases, most of them were defaults with a few stipulation agreements.

 

How do I find Florida's SOL?

 

Just to clarify at this point I need to:

 

1. DV the attorney

 

2. DV LVNV Funding

 

3. Research Florida's SOL

 

 

Florida's SOL is 4 years. I live in Jacksonville so I know. I also have beat LVNV and their attorney. DV the attorney, just send something simple. something along the lines of

 

I have recently received copies of my credit reports and have noted that your company lists an account with the credit reporting agencies. I am disputing this account in its entirety as I have no records of any of these accounts numbered:

 

Please send me all documents you currently own on this account substantiating claims of monies owed. Should you have all proper documents on this account, I will be open to finding an amicable agreement to resolve this matter.

 

Please be advised at this time, you may only contact me about this matter in writing and should any telephone calls be made, they will be recorded. Also be aware that all communication is subject to review by my legal counsel and I reserve all right to pursue further legal action as necessary, not limited to filing complaints with the appropriate agencies.

 

Also, send a copy of the letter to LVNV and Resurgent, because that is who collects for LVNV. I can bet with 99.9 % certainty that LVNV lists as a factoring company account on your reports so you will never here from LVNV. But if you do not send them ALL letters, they will claim you never sent them a letter.

 

Send all letters by certified mail return reciept, trust me on that.

 

 

Thanks Collins!!