Help - Law Firm Ltr. & Veiled Threat

[ApresMoi]

I am frantically trying to get valuations done and learn as much as I can to file next month (after my 90 days have passed), but it feels like they are closing in.

One card has referred my account to a law firm, who sent me a letter received today. I won't list the whole thing (they probably read this forum) but it says in part...

"subject to your rights as set forth in the following paragraph, unless payment is made ... this office is to conduct a more detailed review ... to determine whether a lawsuit should be filed against you ... if you are represented by an attorney, your attorney may contact this office."

Then (and the question is how should I respond, if at all):

"...unless you dispute said debt ... within 30 days ... this office shall assume the validity of this debt. Upon your written notification within such 30 day period that this debt .. is disputed, this office shall obtain verification of the debt or a copy of a judgment, if any, and mail you a copy of such verification or judgment. Furthermore, upon your written request within said 30 days...this office shall provide you with the name and address of the original creditor, if different from the current creditor...".

How should I respond? Or should I? I am not answering any of their calls (and haven't for weeks). What's the point? I can't pay. I think the account went to them about a week or possibly only two weeks ago. So they are getting the letter out fairly quickly. Which I think means they have me on the fast track to sue. And I have seen others posting that they were sued within 3.5 months of default. I am at three months and one week.

If I need to dispute, should I wait closer to the 30 days to buy as much time as possible? The envelope postmark is dated Jan. 11th, but I received it today, January 15th. From what date is the clock ticking? If my response is postmarked WITHIN the 30 day period does that suffice, or must it REACH their firm before 30 days (in which case I would need to allow a week for mailing time)? There is no date on their letter, which I find odd.

Of course they are going to sue. I live in a ritzy zip code, so they (mistakenly) will assume I have assets. Nothing could be more wrong. I have a NEGATIVE net worth.

Help please!

[catleg]

Is this law firm in your state? Mostly likely if it's out of state it's just a collection letter. The standard practice of law firms is to make a demand for payment before filing a suit, but so many collection agencies who are also law firms do this that you can't really tell.

If you're planning to file in a month or two, then in all likelihood you have nothing to worry about. They probably won't even have time to get a judgment.

The best way to tell if it's a real law firm that's about to sue you, vs just another collection agency, is if they place you on an autodialer, that is, try to make phone contact with you numerous times as well. Real law firms do not use an autodialer for anything.

If they do, forget it, it's just another CA.

If they don't, it's probably a real law firm about to sue you, but they will probably not be able to accomplish anything.

You can DV, it might slow them down, but if it's an OC it probably won't help much.

P.S. Remember that not responding to them within 30 days does not ratify or acknowledge the debt in any way for legal purposes, it strictly relates to your rights under debt collection laws.

[albacore44]

What state are you in and whats the name of the Law firm ?? Best way to determine is to go to your local court docket. Then look up cases under your creditors name. Then dig a little deeper into each case and see what firm filed it. I have about ten cards split between 2 Ca. law firms, and i can see both firms filing in my court daily, so I expect to see my name soon.

But first i would send a DV. i just received an answer from one of the firms today with a copy of the last CC statement. This firm has been pretty quick to respond to a DV.

Good Luck

[Bell30656]

I actual received a letter very similar to this one from "the legal offices of..." When I started checking it out I found that the lawyer was disbarred and now practices collection actions. Apparently this is pretty common. No where in his letter to me did he actually state he was an attorney, he just inferred it by putting a his J.D. after his name which of course he had earned.

[ApresMoi]

You can see who it is here:

http://www.chargeoff.net/zwicker.htm?gclid=CNj64fKFqJ8CFR4Eagod0XIz0g

Interesting...wonder if that law firm can repair credit to the degree they claim.

So now that you see who it is, what do you think? "Z" (I do not want to name them here) claims to have been hired by Amex, so is the account with them now, or still with Amex?

I am in Southern California.

Is this law firm in your state? Mostly likely if it's out of state it's just a collection letter. The standard practice of law firms is to make a demand for payment before filing a suit, but so many collection agencies who are also law firms do this that you can't really tell.

If you're planning to file in a month or two, then in all likelihood you have nothing to worry about. They probably won't even have time to get a judgment.

The best way to tell if it's a real law firm that's about to sue you, vs just another collection agency, is if they place you on an autodialer, that is, try to make phone contact with you numerous times as well. Real law firms do not use an autodialer for anything.

If they do, forget it, it's just another CA.

If they don't, it's probably a real law firm about to sue you, but they will probably not be able to accomplish anything.

You can DV, it might slow them down, but if it's an OC it probably won't help much.

P.S. Remember that not responding to them within 30 days does not ratify or acknowledge the debt in any way for legal purposes, it strictly relates to your rights under debt collection laws.

[ApresMoi]

Also, yes, I am on autodialer with them.

[ApresMoi]

Yes, it's out of state, though they make it clear that if they sue they will use an attorney qualified to practice in CA. Several attorneys listed on their letterhead are license in CA.

[ApresMoi]

Sorry, one more bit of info. The letter isn't signed by any particular attorney. it's signed by the name of the firm. Also, at very bottom of the letter it states:

This firm is a debt collector
This firm is attempting to collect a debt, etc.

Looks like they have about 30 different attorneys, licensed to practice in various states.

[albacore44]

teah, They have one of mine. I think their based in georgia. They will try to call and threaten you. I sent a DV several months ago, and haven't heard a thing, and I'm also in So cal

[ApresMoi]

Fyi, return mail address is a P.O. Box in Alabama, but the firm address is in Andover, MA. Why should I send them a DV? What's the rationale for taking the time to do that? Trip to post office to send certified, etc.

[albacore44]

Fyi, return mail address is a P.O. Box in Alabama, but the firm address is in Andover, MA. Why should I send them a DV? What's the rationale for taking the time to do that? Trip to post office to send certified, etc.

It will put them to sleep while they either request documentation from the OC, or send your account back to them. Its a stalling tactic you use so you can plan your BK. no need to send it certified, regular mail works just as well.

[aljohnson007]

I sent the following letter and never heard another word from them:

This is in response to your correspondence dated February 6, 2009 regarding the above referenced account.

Your demand for payment in the amount of $XXXX.XX is disputed and I hereby request that you provide the following:

- A detailed accounting of how the amount claimed was determined.

- A copy of each and every charge that validates the amount claimed to include the signature of the person initiating the charge.

Upon receipt of this data, I will investigate and advise you accordingly. Additionally, I hereby request that you do not call my home or mobile cell phone and that any and all communications regarding this matter be conducted in writing.

Thank you.

[pcn]

In talking with several atty's as well as reading as much as I can on my own, I have concluded that when people hear "consumer rights" many tend to imagine themselves into all sorts of "rights", including demanding copies of charge slips with signatures. In fact, our rights are well spelled out and somewhat limited. The sample format below was suggested by many as representative of our rights as debtors. Our creditors know the law, and our rights. I believe embellishing those rights with frivolous demands can only alert the collector that the respondent really does not know their rights, and may even cause them to look at us closer. Just my .02. Feel free to write a 3 page dissertation if you feel it helps.

Re: File No xxxxx

This letter is in response to your notification sent 01/15/2010.

Pursuant to the Fair Debt Collection Practices Act 15 USC 1692(g) your claim is disputed and validation is requested.

It is inconvenient for me to be contacted by telephone at any hour. All further contact should be sent to me by mail, in writing.
Sincerely,
John Smith

[albacore44]

In talking with several atty's as well as reading as much as I can on my own, I have concluded that when people hear "consumer rights" many tend to imagine themselves into all sorts of "rights", including demanding copies of charge slips with signatures. In fact, our rights are well spelled out and somewhat limited. The sample format below was suggested by many as representative of our rights as debtors. Our creditors know the law, and our rights. I believe embellishing those rights with frivolous demands can only alert the collector that the respondent really does not know their rights, and may even cause them to look at us closer. Just my .02. Feel free to write a 3 page dissertation if you feel it helps.

Re: File No xxxxx

This letter is in response to your notification sent 01/15/2010.

Pursuant to the Fair Debt Collection Practices Act 15 USC 1692(g) your claim is disputed and validation is requested.

It is inconvenient for me to be contacted by telephone at any hour. All further contact should be sent to me by mail, in writing.
Sincerely,
John Smith

Perfectly done.

yes, the Law says they are only required to provide you with the amount owed, and the name of the original creditor.........nothing more. And usually they already state that on their original letter to you.

The ones that did respond to me, sent copies of several months back statements, and the calls stopped in all cases.

like i said, use this as a stalling tactic, while you strategically plan when to file

[catleg]

Zwicker and NCO are CA's that Amex typically uses. Amex never sells debt but always outsources collections. Don't want to besmirch their reputation.
I sent a dv letter to Zwicker and then a couple of months later got copies of all Amex statements in the last 2 years in the mail, directly from Amex.
In general, it never hurts to muddy the waters about possible identity theft.