I received an answer to my DV, now what?

[optimistic1]

The collection firm has basically sent me a packet of billing statements, from its origination. The never sent me their license number for my state. What should I do now? This came to me pretty quick, and as far as I understand, it satisfies the FDCPA laws.

[treehugger1]

Is it a law firm? I've just been ignoring these.

Is it a law firm, CA, JDB that is out-of-state? I've been ignoring these also.

Is the CA, collection attorney, JDB, etc. local or national level? Do they have offices in your state?

Have you checked your local and/or regional courts to see if the company has a track record of filing suits in your area? The few DV requests I have had honored are either 1) out-of-state, or 2) from regional law firms that don't show up on my local court dockets.

Welcome to the club.

[HHM]

Now you send the Cease and Desist letter. But as you correctly pointed out, to satisfy a DV request under FDCPA, the collection agency or law firm need only supply you with the name of the original creditor and the amount claimed to be owed. Seems like you got that.

[optimistic1]

Yeah, I read a last ditch attempt to stall further movement is to send them a letter asking them about their license to collect in my state, but I think it's a waste of a stamp.

Treehugger,

It's a collection agency. A United Recovery Systems LP. Out of state, although their website lists a location in my city, so I'm now SOL. I do not find anything in the court docket system with their name.

They can do what they want at this point, if they want to sue, I will attempt to answer or ask the court for time to file my BK, see if that works, if all else fails, I will just let them garnish, nothing else to do.

[albacore44]

i believe in California collection agencies are not required to be Licensed. I know it's not relevent to your situation but it will be to mine when I run up against this.

[treehugger1]

Don't be so sure they will move to suit. I've received debt verification/validation from legal firms in my state, and they have no tmoved toward suit. At this point, you can wait it out and see what happens or file for BK if you are not prepared to proceed with an answer. URS once had a debt of mine. They never replied to my DV request, and the debt went to another CA.

[deepend]

I'm in exactly the same boat Optimistic1. I DV'd the first CA that contacted me about 6/7 weeks ago and they responded very quickly with copies of my statements from the OC. I was braced for more action from them right away - but haven't heard another peep for almost a month. Just heard from 2 more.

[optimistic1]

My DV included my attorney's name and phone number, and it instructed them to contact him rather than me from now on. Let's see if this account just gets put in the BK stack and dies down.

[LuciluS]

Let's see if this account just gets put in the BK stack and dies down.

Wouldn't be suprised that happens. You've let them know you are filing Bankruptcy. I honestly don't know why they would waste time and money to sue you. They know you will most likely ask for a delay or file. However, in these days, one never knows.

Wish Ya Luck!

Luci

[optimistic1]

Thx, even if they did, I am sure the courts are backed up, which might delay it just enough. Besides, my first born is on his way, and we are having some complications, he might be here earlier than expected, which is scaring the hell out of me, I am really worried, I dont want his lungs to be under-developed.

[GoingDown]

Don't be so sure they will move to suit. I've received debt verification/validation from legal firms in my state, and they have no tmoved toward suit. At this point, you can wait it out and see what happens or file for BK if you are not prepared to proceed with an answer. URS once had a debt of mine. They never replied to my DV request, and the debt went to another CA.

Exactly. Most of the time they won't end up suing people. They use that as a threat.

Send them a Cease and Desist letter and then wait them out until you can file BK.

A lot of the charged off accounts on my credit report are beyond the statute of limitations for suing me. And all of them threatened "legal action" against me. They were bluffing.

[optimistic1]

I will just call their bluffs everytime, the ones that dont leave me alone I will C&D, but they should just go through my attorney. Soon I might not even have one, if my wife goes into labor too soon, I will need the money back from him to pay the mortgage.

[optimistic1]

lol. I think I will add that into my cd's from now on, that is hilarious, although in your case it may be true.

[GoingDown]

I got a reply to a DV I sent 11 months ago from a local law firm last month. I then sent a C&D and a letter with it stating I am broke, jobless, asset less, and applying for disability that is permanent. Please feel free to sue me if you so choose, I have nothing you can collect from and at some point when I can afford it I will file BK and all judgments with be vacated.

Have a nice day.

Have yet to hear from them, but did notice they looked at my credit report...LOL

they continue to pull my credit report, too! I guess they don't like what they see, because even after dinging my credit with a hard pull, I still don't hear from them. I think they know they are wasting their time on me.