What chance will cease & desist result in CA filing suit?

[lalap123]

Anyone with experience...how likely will a CA or original creditor file suit after receiving a C&D? Here's my short story:

-Stopped paying all cards in December/January
-Retained atty last month and gave all creditors her name and phone #
-Can't file BK until Oct/Nov if I want to be under median

As far as I know only two of my seven cards have been sent to CA's...I don't know if telling them right around the six-month charge off period kept the others from sending them to CA's? I'm now scared to send C&D letters because I've read that they may file suit immediately. I need to make it until at least October.

Thanks.

[OhioFiler]

I wouldn't worry about it. Why bother with the C&D anyway? My experience with the collectors is if you give them the attorney's name and number they stop calling for about 30 days. Every 30 days you can refer them to your attorney.

[lalap123]

Thanks...

So far that's what's happened...no calls since around the 12th of June. I guess I'll just keep telling them that I'm in the process of filing. Thanks.

[treehugger1]

"in the process of filing" can mean anything. I'd at least send them a cease and desist telephone communications letter. I have DV'd everone, and so far no national creditors have sued me. Some of my accounts are two years old.

I can't speak for everyone and all I have is advice based on personal experience. I have DV'd 22 accounts. Some of these I've DV'd as many as four times as they were passed from CA to CA to JDB, etc. Not one lawsuit, except for some local accounts that I paid off through mediation or garnishment.

I am employed and have good wages ripe for picking. However, I do not have any assets, none! I don't know if zero assets plays any role.

[optimistic1]

That's so crazy, considering that to satisfy the FDCPA, all they need to do is provide you with some statements, and I thought I read something about them just giving you the name and address of the original account/creditor, but I may be mistaken.

Good for you TH, I just sent out three DV's today, one was from a lawfirm though, lets see what happens.

[treehugger1]

Optimistic, Note you are almost 6 months since retaining your atorney and no one has sued you! This, in itself says a lot about a willingness to sue by cA's or OC's. I can guess some of your last payments were before this five-month anniversary. This is not to say that a lawsuit is not in your near future, but on he other hand, this onl ygoes to show how much time one might have between paying the attorney and service of summons. The risk of the cost of initiating a lawsuit on a bankrupt defedant has to be a high risk.

[lalap123]

Thanks BigBoy

One more for you...if I miss the 30-day window can I still send a C&D (or a DV, for that matter?) Does it just mean that they don't have to send me validation if it's after the 30 days and will still have to honor the C&D request? Thanks.

[AngelinaCatHub]

BB2, good research. I too am not to old to learn. Good info, should be a stickie. 'Hub

[GoingDown]

One more for you...if I miss the 30-day window can I still send a C&D (or a DV, for that matter?) Does it just mean that they don't have to send me validation if it's after the 30 days and will still have to honor the C&D request? Thanks.

If you missed the 30 day window, they don't have to honor your DV. DV's are worthless, in my opinion, anyways, unless you really think you don't owe the debt or you think they are very wrong in their calculations, but from my experience, they don't explain how they calculated the debt anyways, no matter what you ask them in your letter.

You can send a C & D letter at any time.

And no, it will not make them sue you.

They rarely sue anyone. The main reasons they sue is if they think they can get paid through the lawsuit-- if they know you have a job, or if they know you have assets, etc. Surprisingly, the people who are most likely to get sued are those who talk to debt collectors over the phone and try to make payment arrangements with them and give the debt collector lots of information about their assets and employment. At that point they know they can work you and bully you into paying them.

[treehugger1]

Yep, the chances of a lawsuit are pretty slim compared to the thousands of accounts in default and in the hands of CA's/JDB's. I always send a DV, but that's me. I have several accounts that have been through several CA's and not many ever provided debt verification. Since I do not intend to file a formal BK in the near future, I want the record to show that I went out of my way in requesting written information, but they never honored my request. I'd be very interested in knowing how a local state circuit judge or regional federal judge would react to "my plight." While one can argue that "the law is the law," if such were the case, we would neither need attorneys nor judges. All would be crystal clear.

[EverHopeful]

So Treehugger and Big Boy, how did you word your DV when Amex's attorney (suspect it is also a collection agency /attorney) writes to you?

Do I ask for statements, what exactly do I write in a DV?

[treehugger1]

I write the following:

"On <date>, I received a letter from you regarding an alleged debt (see attached.)

I am disputing this debt.

Please provide me with verification of this alleged account.

Please provide me with the complete name and address of alleged creditor.

In addition, you are not to contact my home, mobile, and employment telephone systems. All future communication must be conducted through the United States Postal Service. My address is clearly stated below.

Any attempt to contact me through any third party will be considered harrassment.

All federal and state statutes apply to my request; including the Oregon Revised Statutes, Oregon Administrative Rules, and the federal FDCPA.

Be advised that I monitor and record all telephone communications and voice messages.

[optimistic1]

I like that one, here is one that I have used, feel free to ridicule me.


To whom it may concern,
As per the FDCPA, I have the right to request a validation/verification of this debt, your claim is disputed. I request you to prove that I am indeed the party who is by contract obligated to pay off this debt, and that the amount owed is correct.


Please attach copies of the following documents:
1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
3. Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.
4. Your state license # to show you are actually able to collect debt in the state of Arizona.

In addition, under the provisions of the State of Arizona and the Federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease all collection activity of the debt as required by law, while efforts are made by you to obtain verification. Furthermore, reporting of a disputed debt to any credit-reporting agency is a violation.

I am instructing you not to contact any third parties since you have my current address. In addition, you may not contact me by email in any manner or at any phone number about this account, as it is inconvenient for me to receive phone calls from 7:00 AM to 9:00 PM seven days a week. All future correspondence shall be sent to me in writing via United States Postal Service at the above listed address.

[treehugger1]

I'm not about to ridicule anyone. I say when you find something that works well for you, use it. Keep it clear. Keep it simple.

[Proxy]

!!!!

BigBoy, Treehugger, Optimistic,

Thanks you guys(gals)!! Those DV's C/D's are true gems !! I will definitely use a combo of all those examples and come up with something I can use for my situation!!

You guys rock!