Hi to all,
I am in NJ. I am new to this forum but have been reading different forums for about 2 years.
So, I have this Providian credit card that has a balance of $2468.00 on it but the lawyer is sueing me for $3468.00. The credit card was charged off in 2002. It appears that it was sold to a collection agency and assigned to a lawyer.
This is what I have done so far.
The lawyer sent a letter out to me requesting payment and that I had 30 days to pay or dispute or further action would be taken. The letter was dated for OCt. 6 but I didn't get it until almost the end of the month (our mail is all messed up over here). So I sent him a letter back requesting validation on Nov. 14, 2006.
On NOv. 16, 2006 I was sent a summons that I was being sued. So, of course I filed an answer with the courts.
After receiving my answer that was filed, lawyer contacted me and said I had 30 days to request validaton and that has expired so they don't have to validate debt. I know that is not true from other readings.
Between this they first sent a letter out wanting to "amicably" resolve this debt.
In the mix of all of this they wanted to settle for only $2957.00, meaning I would pay 85%.
Also as for the validation that was requested, the lawyer sent me an itemized bill (print out) and I told him that is not validation. He told me he has the bill of sale and could send that out to me.

So here is where the serious questions kick in.

1. Is the bill of sale validation that I owe this Collection agency or the lawyer?

2. The lawyer asked me if I was using the internet to get my info and he told me to send him a request for discovery. So, is this something that I do at the courts or just a written letter to him.

3. Can the Lawyer still charge interest on this account?

4. Since he sent me out a printout that is not satisfactory should I send a second validation request or discovery?

Any info is appreciated.
Thanks

1. The only validation is your ORIGINAL signed copy of the credit card application. If he doesn't have that the court will throw out the case.

2. Yes, you send him a request for discovery, you file a copy with the court. (what did you tell him about using the Net and what was his response?)

3. Yes.

4. No, send him a notice that you consider the documentation provided insufficient to validate that you owe this debt and you expect the court to throw out the suit.

File Notice of intend to defend with the court.

Than file discovery with the attorney to produce the original contract which you signed. Remember no contract, no claim.

What is the bill of sale he is speaking of? Did he purchase this debt? Is he did what price did he pay. Attorney cannot purchase debt than try to collect.

Quote:

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Originally Posted by mr.yet

Attorney cannot purchase debt than try to collect.

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Umm, I'm not sure I understand that. Companies purchase debt from other companies all the time. Usually at a fraction on the dollar with the hope they can collect.

Conflict of interest. Companies do purchase debt all the time, not attorneys

Charles Pona, president of the National Association of Retail Collection Attorneys, an association of debt collection law firms in Washington D.C. Gives an insight to just how corupt this whole "industry" is.
Certain state laws PROHIBIT law firms from buying debt so law firms(wolpoff, etc.)are(have already) setting up "subsisaries" or "LLC"s that purchase debt and "contract" with the firm(Great Seneca Finanical, wolpoff's sock puppet for instance)...
A law firms debt collection subsidiariy becomes the firms best client(only client?)! Charley sez, "In essence your collecting your own debt and it assures you of continuing business".
This right from the piehole of the head skunk of the whole debt attorney cabal. How could this be challenged? Monopolistc business practices? Racketering/RICO issues?
These clowns are greasing many of D.C.'s lawmakers, assuring that no laws could be passed to address the real issues facing consumers from predatory/usary CC banks.
So instead we get useless stuff like the FDCPA and go nowhere guidelines for proper procedure concerning collection efforts done by debt attorneys(that are ignored).
The banking industry is claiming consumers have more people than ever, late or gone deliquent (over 30 days late) with their payments last summer(06). Is the party coming to an end?

Quote:

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Originally Posted by ScottGem

1. The only validation is your ORIGINAL signed copy of the credit card application. If he doesn't have that the court will throw out the case.

2. Yes, you send him a request for discovery, you file a copy with the court. (what did you tell him about using the Net and what was his response?)

3. Yes.

4. No, send him a notice that you consider the documentation provided insufficient to validate that you owe this debt and you expect the court to throw out the suit.

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Gee, thanks so much

Well to answer your question. He was just basically like I don't know where you got your information from the net or something. It appears that he wanted to continue but dropped it.
I never responded.

So, I will request discovery and send a copy to the courts... is there a certain way one has to request discovery?

Quote:

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Originally Posted by mr.yet

File Notice of intend to defend with the court.

Than file discovery with the attorney to produce the original contract which you signed. Remember no contract, no claim.

What is the bill of sale he is speaking of? Did he purchase this debt? Is he did what price did he pay. Attorney cannot purchase debt than try to collect.

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Hi,

Well I already filed an answer and the court date is in March. When he received my answer he wrote back stating that my 30 days has passed for him to validate debt. However he did send me a print out of some itemized bill. All it has was my new address, ss # amount owed.
Bill of sale? I don't know. Apparently he couldn't even tell me what it was... I can't wait to see.
I like your questions. I will directly ask him that to see if I can get a full answer. For now all I know is that His client is a Collection company and we spoke of settlements he said, I will have to contact my client because it is up to them. So I think the collection company brought the debt and assigned it to the lawyer.

Thanks for the answers. I answer the 2 quesitons back that I got.
However, since this card was charged off in 2002 and NJ SOL law is 3 years, does that mean that this collection illegal?
I don't know if this changes things since I was sued.
And if someone could just clarify if there is a certain way to write the discovery that would be great.
My guess is that I send him a typed request and forward to the courts. If I am wrong please correct me.
Thanks

It could be this "attorney" may be merely an employee of this collection company, and often some of the larger credit card companies have their own collection companies, they are all set up as separate business. You have the credit card company and then it owns a collection agency, who has a full time attorney either in its employ or on contact who works mostly just for them.

I have seen this often esp with larger companies. ( heck the company I work for, has its own loan company, collections and our own attorneys that work for it, and if we have a problem we have our own inhouse attorneys who will do our collections)

The attorney would be only representing some firm, collection agency or lender, you don't actually owe the attorney most likely but he has been hired to act on the behalf of the collection company to collect this debt.

As for as settlement 30 to 50 percent on the starting figure would be about a correct settlement, I would say somewhere in the 800 to 1400 dollar range at most for a settlement at this point.

Next is the statue of limitation over on this debt, since it is over 4 years old since date of last payment ( at least sounds like longer) It is possible they don't even have a good case to sue. If they did, most likely they would have sued by now, got a judgement and garnished your wages.

Quote:

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Originally Posted by Fr_Chuck

It could be this "attorney" may be merely an employee of this collection company, and often some of the larger credit card companies have thier own collection companies, they are all set up as seperate business. You have the credit card company and then it owns a collection agency, who has a full time attorney either in its employ or on contact who works mostly just for them.

I have seen this often esp with larger companies. ( heck the company I work for, has its own loan company, collections and our own attorneys that work for it, and if we have a problem we have our own inhouse attorneys who will do our collections)

The attorney would be only representing some firm, collection agency or lender, you don't actually owe the attorney most likely but he has been hired to act on the behalf of the collection company to collect this debt.

as for as settlement 30 to 50 percent on the starting figure would be about a correct settlement, I would say somewhere in the 800 to 1400 dollar range at most for a settlement at this point.

Next is the statue of limitation over on this debt, since it is over 4 years old since date of last payment ( at least sounds like longer) It is possible they don't even have a good case to sue. If they did, most likely they would have sued by now, got a judgement and garnished your wages.

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Yeah you are right suming it up... They are currently sueing me and I filed an answer...