Do I have to worry about this letter I got from a lawyer?

[hopeforus]

I usually ignore all collection letters but I'm wondering if this one is meaning we will see a judgment soon? We aren't ready to file BK yet... we are waiting to hear if we can get our mortgage modified first.

I got this from HSBC saying that they have been retained to collect on this account. Go on to say that unless we notify them within 30dys that we dispute the debt then they will assume it's valid. They say if we notify the office within 30dys they will obtain verification of the debt and mail us a copy of such judgment or verification.

So is this a judgment or just a regular old collection letter with the warning of a judgment thrown in?

Sigh.

We really need to get on our consults...

[albacore44]

I usually ignore all collection letters but I'm wondering if this one is meaning we will see a judgment soon? We aren't ready to file BK yet... we are waiting to hear if we can get our mortgage modified first.

I got this from HSBC saying that they have been retained to collect on this account. Go on to say that unless we notify them within 30dys that we dispute the debt then they will assume it's valid. They say if we notify the office within 30dys they will obtain verification of the debt and mail us a copy of such judgment or verification.

So is this a judgment or just a regular old collection letter with the warning of a judgment thrown in?

Sigh.

We really need to get on our consults...

sounds like a standard collection letter. I would send them a dunning letter. I'm sure a few of those are in my future.

[dingdong]

Who's the attorney, sometimes CA use attorney letterhead to scare you.

They are basically a JDB with an attorney on retainer using their name to intimidate debtors.

There are a few well know ones, Hunt & Henriques, Mann Bracken, etc.

Not saying they won't try and sue you, but it is kind of their next step in putting pressure on you.


You can do as Albacore mentioned and DV em and buy yourself a little time until you file.

[hopeforus]

It's from the Law Offices of Jame's A. West, P.C. in Texas.

[dingdong]

See this thread, there is some discussion about that particular attorney there.

http://www.bkforum.com/showthread.php?p=154188

[hopeforus]

ooooh I never even thought to search for the lawyer's name in here. awesome, thank you

[catleg]

That is the standard letter that each Collection Agency is required to send you within 5 days of initial contact.

That mumbo-jumbo about the 30 days regulates the behavior of the CA; it has absolutely no legal impact on whether you owe the money or not.

If you get that letter you know you're NOT dealing with the original creditor anymore; and therefore you can send a DV/C&D letter and they "must" stop bothering you.

I say must because I have some jerks bothering me lately who I have DV/C&D'd once already and now they are telling me they are calling about a different account. Sheesh. Don't feel like wasting another 5.54 on them.

[poorold]

James A West PC was used by American Express to try to collect from me.


I never answered their phone calls nor responded to any correspondence.

They went away after a while.

Then Amex hired an attorney to sue me.

LOL.

I am filing Ch. 7 on Wednesday and will file my Suggestion of Bankruptcy with the court on the Amex case as soon as I receive my case number.

[eddiep]

I got a letter like that too, the original creditor was a credit union and it was a local attorney that sent the letter. They have served me and are seeking a lien on my property.

[liz417]

I've got a few "law firms" sending me letters...it's just standard collections trying to scare you into thinking your time is ticking away. I even had one call me and when I told them I was filing for BK at the end of the month (Jan '09), he just said, "well, I hope it's before we file our lawsuit, we will be filing it on Feb 2nd!" I've got to admit I was very worried...but that was over 4 months ago...and I still haven't file or have been sued by this "law firm"!

[bk4sky]

discover card was the only one that turned me over to a "lawyers" office.
they were called "zwicker & associates". I gave my atty all the letters when i filed tho so i prob wont be receiving anymore.

[2xBK]

ZWicker sued me for an Amex debt, and I let them get a default judgment because I felt I was going to file at any time. Still haven't filed but I should be doing so within a month. They got the default judgment 2 months ago and so far have not moved to levy bank account or garnish wages. I've retained an attorney but not giving his name to creditors just yet as he will charge me for each time he has to respond to a CA or attorney.

[albacore44]

discover card was the only one that turned me over to a "lawyers" office.
they were called "zwicker & associates". I gave my atty all the letters when i filed tho so i prob wont be receiving anymore.

how many months past due were you when that happened ??

[bk4sky]

how many months past due were you when that happened ??

i believe around 7 or 8.

[brokeinfl]

ZWicker sued me for an Amex debt, and I let them get a default judgment because I felt I was going to file at any time. Still haven't filed but I should be doing so within a month. They got the default judgment 2 months ago and so far have not moved to levy bank account or garnish wages. I've retained an attorney but not giving his name to creditors just yet as he will charge me for each time he has to respond to a CA or attorney.

Just got the Zwicker lawsuit today. Did you respond, don't waste your time I'm filing bankpruptcy? Don't really know what to do, am planning on filing in August.