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    Letter from creditor today

    Is this a scare tactic... this letter was sent from Cardmember Services in connection with a CC I have through them.

    Dear ******:
    We are currently in the process of searching and verifying any property that is owned by you. The search may include, but is not limited to the following: automobiles, business assets, homes, and land. This information will be compiled and retained to aid in future collections procedures against this account.

    When this search is complete and all property is verified, we will consider forwarding your account to our legal department for disposition.

    Sincererly,

    Collection Department
    Cardmember Service
    123-456-7891


    Then it went on to tell me about how to pay. This is a scare tactic isn't it? This was a unsecured CC.
    Filed 5/11/09 Chapter 7
    341 Meeting 6/5/09
    Discharged 8/5/09
    Case Closed 8/6/09

    #2
    Yes, this is a scare tactic.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      What I did to stay organized (I had to wait 2 yrs. to file) is I kept two years of cc statements. Then each time a letter, lawyer letter, etc. came in the mail, I would staple it to the back of the corresponding cc statements. This also makes it easy for the lawyer to list all creditors related to the account.

      You will get a summons for a judgment in the mail or by server and you will have about 20 days to respond if you wish to.

      In other words, to answer your question, JUST staple that letter to the back of the corresponding cc statement and be done with it.

      Comment


        #4
        No doubt!

        Scare tactic!
        Retained Attorney= 03/13/2009
        Filed No Asset Chapter 7= 03/31/2009
        341 Done= 04/27/2009
        Discharged= 07/16/2009

        Comment


          #5
          Do they know you have filed? If not, they are probably trying to attach lien on your house or other asset. If you are filing ch7 don't worry. I would still ask your lawyer as if they get a default judgement against you and put a lien on your house, it could cost more for your attorney(not fact, just a caution).

          Comment


            #6
            Yes, they can hunt for these things - anyone can. BUT, they can't really TAKE your assets until they go to court and get a judge to agree. This letter sounds like they want you to fear they will soon take you to court. One thing the letter does not say is that they "are" going to take you to court. This is some indication they don't plan to or are not sure they plan to. Creditors/collectors cannot legally threaten actual legal action unless they plan to take legal action. In my mind, however, it is best to assume a creditor will take you to court eventually, but to hope they don't. Reality falls somewhere in between those things for most of us.

            (I am hoping magic unicorns will ride through the offices of all my creditors and evaporate the records too.)
            Scared to file. Scared not to file.

            Comment


              #7
              The other thing with this letter is there was no signature. On the other letters there was a signature. I hope to get this rolling soon. I think this whole process is the hardest thing I have ever dealt with in my life as far as legal matters.
              Filed 5/11/09 Chapter 7
              341 Meeting 6/5/09
              Discharged 8/5/09
              Case Closed 8/6/09

              Comment


                #8
                oh, I agree its a scare tactic. But it also could be the first step in a long process to collect. Having been a mortgage broker, Ihave seen some strange liens on title. Balleys was the most common. they are suppose to send you a certified letter telling you they are taking you to court. if you don't show up then they get a default judgement. this could be lien on property or garnishment of wages. But at this point I agree its just a scare tactic.

                Here is a video undercover special to show some of the tactics they use. it is eye opening(and mostly illeagal)!!

                Comment


                  #9
                  Definitly a Scare Tactic. Typical Junk Form Letter. Chase Loved to send them to my wife and I.
                  Filed: 11/24/2008
                  341 : 01/07/2009
                  Discharged: 04/13/2009
                  Case Closed: 04/21/2009

                  Comment


                    #10
                    We got those from one card. They also sent a letter that they were in the process of attempting to verify employment. Nothing ever came from it, but then again we filed about 8 weeks later.

                    Comment


                      #11
                      Originally posted by fltoo View Post
                      What I did to stay organized (I had to wait 2 yrs. to file) is I kept two years of cc statements. Then each time a letter, lawyer letter, etc. came in the mail, I would staple it to the back of the corresponding cc statements. This also makes it easy for the lawyer to list all creditors related to the account.

                      You will get a summons for a judgment in the mail or by server and you will have about 20 days to respond if you wish to.

                      In other words, to answer your question, JUST staple that letter to the back of the corresponding cc statement and be done with it.
                      I wonder how many pounds of carbon it takes to make a staple. Or you could just You could just take all these letters to a recyclers and they turn them into something useful like toilet tissue.
                      Chapter 7 07/30/2008
                      341 09/17/2008
                      Discharge 11/21/2008

                      Comment

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