I have received a letter from Gamache Myers re: LVNV account...have no idea what it is for. They call me about twice or three times weekly, but I don't take calls. I have sent them a request for validation of debt after receiving a letter from them...they say they will obtain verification and mail a copy. And, they will send me the name, address of the original creditor. I have asked for the following:'
• What the money you say I owe is for
• Explain and show me how you calculated what you say I owe
• Provide me with any papers that show I agreed to pay what you say I owe
• Identify the original creditor
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
• Proof that the collection company or you owns the debt/or has been assigned the debt.and that you are legally entitled to collect this particular debt from me, including the original note or agreement
• Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
• Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.)
I feel that their tepid statement indicates they cannot meet these requirements. (BTW, the letter was sent certified mail and they had to sign for it, but we are awaiting the signed receipt as it was mailed only a day ago)
My questions:
1. If they do not respond or do not respond in full, do I have a defense
2. If they file suit, I am thinking of hiring an attorney to represent me as I understand that GM has put people on the stand who will 'validate' the debt, but have actually never seen anything of the paperwork
3. If they were to get a judgment, can I protect my car, essential to livelihood , from seizure?
I came across your site through Google...a great site and service...I have bookmarked it...
DV= what a judge says
some of the things you have asked for may be glossed over by a judge.
they should give you their license but you can look it up yourself.
if this is GM then complain to the Office of Thrift Supervision