tri cap,Levey assoc. letter

[lriff]

I received a letter from Levey and assoc.,in Ohio
That Tri Cap is demanding 30 days for me to contact to set up arrangements for a creidt card bill,I am assuming it is Citi bank
the total 20,000

It was not certified,I looked online at the local courts,and see there is a civil case from them against me,no docket info other that saying it is for money due,nothing received from the court either.
I am assuming Tri Cap bought this from Citibank
I have two toher creditors who sued me in court,and I am making payments,does that mean all of my creditors will come now?

I filed Chpater 13 few years back,but could not make the payments,I am a housewife and hubby was not on any of these cards,is our home safe from them taking it?I am on Deed

I am sick and trying to do the right thing,but we struggle making the bills we have,gas,electric,mortgage?
Any advice on Tri Cap would be great thanks

[lriff]

One more thing

Also I looked up my credit report,and they are not on there,either is Citic bank

[GoingDown]

The fact that you are paying other judgments makes it likely that other creditors will see it as a way to get money out of you, so yes, the other creditors may sue you, too.

Total up the monthly payments you are making to these judgment creditors. If it is more than 25% of your take home pay, you would be better off not voluntarily paying them and just let them garnish your wages.

Maybe look for a temp job so you can change employers frequently, thus making it harder for them to garnish your wages.

Stop using a checking account/savings account and start using cash and money orders.

If you live in a community property state, they can go after your husband's assets as well. Otherwise, they probably can't go after them unless they are in your name also. But since your name is on the deed, they will probably be able to put a lien on it, which will make it nearly impossible to sell or refinance without paying it off. But in most cases, they can't take it from you, because they would have to pay off the existing mortgages to take it from you, and they don't want to do that.

Creditors love voluntary payments. They don't want to have to work hard to get money out of you. The harder you make it on them, the more likely they are to sell the judgment to another junk debt buyer. My debts have been sold over and over again to various junk debt buyers, because I never pay them anything.

[treehugger1]

Did you mean Levy and Assoc's? If so, you should check your state laws and determine if a collection aganecy/attorney is required to be registered or licensed in your state. If they are, and Levy and Assoc.'s are not in line with your state law, then immediately file a complaint with your state attorney general office or consumer finance office. I had to deal with these folks and they were not in complinace with state law here. The Consumer Finance Division sent them a cordial letter stating they were required to be registered in my state. Eventually, they sent a letter acknowledging "their mistake" and I have no idea where the debt now resides.

I googled them once or twice and discovered that in Ohio they appear to be quite agressive. I found them showing up on several county court dockets. Check with your state offices.

[FreshLikeADaisy]

If so, you should check your state laws and determine if a collection aganecy/attorney is required to be registered or licensed in your state.

That's a great idea, but I realized as I read your post that I would have no idea where to start looking to see 1) what my state requires of collection agencies, or 2) what section of state law might address that. This may be the stupidest question that ever walked, but do you have any ideas on where a person might start to look (preferably online) to verify what their state's requirements are? Again, my apologies if this is a really ignorant question. Thanks!!!

[treehugger1]

Here is what I found on Florida:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0559/SEC544.HTM&Title=->2003->Ch0559->Section%20544#0559.544

Here is a general site.

http://www.privacyrights.org/fs/fs27plus.htm

I don't know how up-to-date these sites are.

[lriff]

The original letter came from Levey and assoc. yes,but the online docket filed with the court is from tri cap,which I beleive Levey is representing,which they probaly bought from Citi bank,I never received a certified letter yet from the court,it just says money due,no amount or anything,it was just filed,I am so sick over this,thanks I do live in Ohio

[lriff]

Also I looked at my letter,and it says westfield ohio,they were once known as Pope and Levey
They changed names or something,this is a 20,000 bill,that was only 14,000,they have added alot of charges

[FreshLikeADaisy]

All I needed was a place to start. Treehugger, you rock!

[treehugger1]

I don't anything about tri cap. Prehaps they are a junk debt buyer. However, 14K - 20K was probably more than enough to push this through the courts.

Did you receive a letter or a "summons." I'm not sure how Ohio law operates, but somehow it is in your best interest to either "answer" the summons or show up in court. I cannot advise you how to "answer" a letter or summons. Other boards have folks dedicated to attempting help folks in your position. You might try debtorboards.com.

As a side-note, for some peculiar reason there are a lot of collection attorneys in Ohio who handle cases for clients or appear to handle cases for junk debt buyers. I wonder why this is the case. I don't live in Ohio, but I have had a couple of Ohio collection firms/"attorneys" attempt to collect from me on amounts of approximately $1k. Neither were registered collectors in my state and the state AG's office sent them nice cordial letters telling them to "bug off." Should these folks attempt to contact me again, I will file suit in my local court, and i have emails of the AG's office providing evidence that the AG noted these folks were not in compliance with my state laws. I live in the middle of no man's land and I doubt a representative from an Ohio law firm would even be able to show up and defend themself. In addition, we are dead of winter with 3 -4 feet of snow on the ground. Hence, they probably know this also, so I am temporarily a fruit out of their current grasp.

Best to you.

[treehugger1]

I found this. I'm guessing they are contracted to who knows who with regard to collections.

http://www.tricapfinancialservices.com/Services.htm

[treehugger1]

lrif,

It doesn't take much to bring a 14K debt to 20K. Whether or not they are entitled to this depends upon your state laws. (And, whether you show up in court and question how the amount was obtained.) In my state, a judgment allows 9% of principle amount owed including legal fees, or contractual interest rates. The judges here do not take kindly to attorneys running up fees for doing nothing. I fell for you. At least in my state, they would need to meet me on my own local battlefield (courthouse) and they better bring their license to practice law in my state. (I doubt this would happen and they would have to hire an atorney in my state.) In such a case, the "pot" due them gets substantially decreased.

I feel for you in that the firm suing is probably licensed in your state and has members of your state BAR.

I wish I had better answers for you.

[krielly]

Not sure how much total debt you have at this point, but is there any reason you aren't considering filing 13 or 7?

Just because the plan didn't work for you in the past, doesn't mean a well designed one couldn't work for you now.............

K

[Lizasilva]

Also I looked at my letter,and it says westfield ohio,they were once known as Pope and Levey
They changed names or something,this is a 20,000 bill,that was only 14,000,they have added alot of charges

Ohk buddy, don worry, I think it's better to wait for the certified letter from court, untill you can contact the person in concern, who ve sent you this letter, just to look into the matter before time! But as you ve stated it sounds me like a fraud, though I've not faced sort of situation but still I'ld add that if I were in your place, I must contact the sender ASAP.
And please let us know whatever you proceed with!

[unsecured]

This has been posted before, but it is good advise for trying things yourself

http://www.attorney-in-alabama.com/not-pay-debt.html