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Am I to presume that you sent a DV letter, and now a new CA is collecting?

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Nwilliams
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Subject: Blitt & Gaines PC
 
Posted on Fri Jan 25, 2008 9:30 pm  

Now this company is contacting me in regards to this same debt. Has anyone heard of this company? They are located in Chicago, Illinois.
Morningstar

Morningstar

Joined: 17 Apr 2007
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11 Magic Points

 
Posted on Sat Jan 26, 2008 2:44 am  

Am I to presume that you sent a DV letter, and now a new CA is collecting? If so, send a new DV letter to this CA. You may have to do this several times. It is a possibility that the CAs cannot validate, so they simply sell your debt to a new CA as soon as you demand proper validation from them.

Were you able to confirm your state's SOL? If the clock has run out, you could send a cease and desist letter (if sold, you'd need to repeat as often as needed).
You could try to file a complaint with your state's attorney general...if the SOL has expired, a call from the state might make them think twice about selling a bad debt to another collector. Hope this helps.
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Laura

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Posted on Sat Jan 26, 2008 5:24 am  

Please proceed as mrnstr mentioned. Demand a validation. There goes a sample of the validation letter
http://www.creditmagic.org/repair/sampleletter-debtvalidation.html

FIle a complaint with the AG's office. This helps a lot.
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Dave S
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Subject: Mercantile Adjustment Bureau
 
Posted on Wed Sep 10, 2008 1:49 pm  

Most collection agencies like this do not collect for the original creditor but for themselves at a serious profit (they buy up debts for pennies on the dollar) and are running the ragged edge of legality and use threats to coerce people into making a payment and once you do it starts the clock all over again-----never ever make any payments to these people, it will not help your credit anyway. See Bud Hibbs website.
Mary

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17426 Magic Points

 
Posted on Thu Sep 11, 2008 12:01 pm  

You are correct Dave. If SOL gets expired, the creditor cannot sue you to the court to collect the debt. But if you pay even a small amount after the expiry of SOL, your SOL rewinds and you become liable to pay back the entire debt amount. Moreover, these collection agencies buy these debts at a very low prices, sometimes even less than half the debt amount and on that puts high rates of interest pushing the debt amount to even double the outstanding debt. In this way they earn double and even triple the amount they purchased the debt. So if your SOL has not expired and you need to repay the debt, you should always try to settle between 60% to 80% of the amount they demand.
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fireyone



Joined: 26 Feb 2008
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130 Magic Points

 
Posted on Thu Sep 11, 2008 4:45 pm  

Can you be sued and a court date set with out your knowledge? Don't they actually have to serve you papers?
Mary

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17426 Magic Points

 
Posted on Fri Sep 12, 2008 12:29 pm  

Yes, if the Statute of Limitation in your state has not expired, the creditor or the collection agency can sue you to the court and bring judgment against you. However, before they send you the summon from the court, it is not necessary that they should inform you. But if you receive the summon, you should always file a response to it and try to negotiate with the creditor for a repayment agreement. But if you do file a response to the summon, the judgment will go against your favor.
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carol

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Posted on Fri Sep 12, 2008 12:44 pm  

You can send a debt validation letter to the collection agency when you receive a summon, if you are not sure that you owe the debt. If they validate your debt before the court date, you should ask them for a repayment plan and try to pay off the debt. However, if they do not validate it before the court date, the judgment will not go against you, but for that you should send the debt validation letter by certified post as a proof that you have asked for validation. However, you should file a response to the summon first and then go for debt validation.
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goodnatured



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538 Magic Points

 
Posted on Sat Sep 13, 2008 1:02 am  

Carol has given you wonderful advice, please follow it and you will be okay.
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Sat Sep 13, 2008 1:58 pm  

So I am correct in thinking that if they wait until the actual court hearing to validate they can not collect on this debt? I would feel that would be fair because had they validated before hand the debtor could have set a repyment plan without the lost work, gotten a better deal, and avoided court costs.
erb1953



Joined: 31 Dec 2007
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-100 Magic Points

 
Posted on Sat Sep 13, 2008 11:52 pm  

if they did not validate by then they are not going too, if they don't prove they own it, even in court they have to validate or you will be found not liable to them for the money.
goodnatured



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538 Magic Points

 
Posted on Sun Sep 14, 2008 6:05 pm  

I agree, I am going through this now with a company, I have asked the for validation and they have not provided it, so I will ask them in front of the judge where they have to answer.
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Goodnatured,
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for all the ways I make $$ online
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Mon Sep 15, 2008 12:09 am  

Okay now say you go to court and they do not have the proper validation with them. Can they later come up with the validation (if possible) and take you back to court or does this end it all?
anthony

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13609 Magic Points

 
Posted on Tue Sep 16, 2008 10:44 am  

Hi Fireyone
If you have asked for debt validation, much before the court date and 30 days have already passed from the date they have received your letter, then the judgment may go in your favor if they do not validate it. Now after this 30 days period, the creditors cannot come up with the validation and so most of the times, they sell off these debts to junk buyers. Due to this selling, after a few months, you may find the name of a new collection agency listed in your report from whom you may need to ask for debt validation again.
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Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Sun Sep 21, 2008 1:12 am  

I see. I seen a couple posts where they asked for validation and didn;'t get it only to get a summons in the mail months later. Just didn't seem fair if they were trying to take care of the debt by getting it validated first and they were denied that right to validation.

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