Letter from collection agency stating 30 days to let them know if debt is not mine

[mickseven]

I assume the letter is sent to confirm debt credit card company sold to CA is really mine. Says I need to respond within 30 days to claim not mine. It is - so I am not going to respond.

I just want to make sure this is not part of something filed with the courts. ie a judgment or summons.


Is there any action besides getting ready to file - that I need to take? Because of these letters.


Thanks

[gingerbug]

I used to get those all the time and it was a ploy to get the money from me.

[liz417]

I never responded to the ones I received from collection agencies. Toss them.

[AngelinaCatHub]

It is a form letter only. Toss it. They cannot get a default letter without you getting a summons for a suit hearing. Don't worry about it. 'Hub

[albacore44]

unless you want to get harassing phone calls. if your not ready to file consider sending a DV/CD letter, or they will hound you to kingdom come.

[paulf8]

just got one myself send them a valadation letter see what happens,i owe about 170000 in cc dept,70000 to bank of america,Waiting to get sued they seem to be in no rush.I think they realise that i will file BK if sued ,Going to answer summons when it comes see how far ther willing to go,From what i read it will take 6 monthes to a year before they get a judgement just before the judgement comes i will BK ,Timeming is eveything in BK

[treehugger1]

If you don't recognize the amount, and you probably never signed any contract directly with the CA (although the CA probably has the right to collect,) deny you owe the debt. One line is all that is required. "I deny I owe anyone the amount of $##### alleged in your correspondence.

Also request verification of the debt in accordance with the FDCPA and any state laws you might have.

If you want them to stop calling:

"It is inconvenient for me to receive phone calls at any time. If you contact any third party or employer regarding this alleged debt, I will consider this harrassment. I can be reached via USPS mail service at the mailing address listed below."

Simple and short is probably best. I use return receipt at about $5 per letter.

[treehugger1]

[catleg]

They're basically saying that in either case you get 20 days warning, whether you file an answer or not. However, it's not clear to me that the plaintiff gets anything better than a default judgment when the defendant does not respond. You see, in a negotiable instrument (contract) suit, which I am familiar with thanks to casino markers, they file the SJ motion along with a proof of non-military service (basically screen print of a DOD website) and a copy of the NSF cancelled check. For a credit card I'm not sure but they would probably file an alleged card agreement and the most recent statement.
In either case they use an affiant who claims to be familiar with the business records. The key in the credit card case is probably to allege that there is a dispute over the validity of the charges on the statement, bringing all the individual charge slips into play. Otherwise depending on the state your goose may be pretty much cooked at that point, at least against an OC with all the business records (and presumptions generally working in their favor).

[frogger]

You should respond to these letters. You should ALWAYS respond.

Your response should be that the debt is not yours and that they should cease trying to collect it until the PROVE that it is your debt.

Most all collection agencies send the standard 30 day letter. If you'll look in the fine print, it will state that if you do not respond, they can "assume" that the debt is valid. When they assume this, the calls and letters begin because they have assumed the debt to be valid.

Make the prove it if they are going to call you or send you letters. If they don't prove it, then they are going to be in violation of the fcra and that is in your favor.

This is not a matter of court, judgements, or anything like that. It is just a way to make them prove what you owe before they can begin to collect.

Most can not prove it. Can you imagine a collection agency having to come up with SIGNED copies of all of those receipts? It just ain't going to happen...

[catleg]

Yes, here in NJ at least, a JDB which is a law firm cannot add legal fees to the debt when they file suit, there must exist a legitimate attorney-client relationship for legal fees to be charged. The trick is identifying when the JDB is the same as the law firm, they may perhaps use different names but somehow there is an overlap of addresses or ownership. This alone should be a genuine issue of material fact enough to ward off an SJ motion. But again, I would emphasize that I think these motions are sometimes decided by idiot law clerks.

[branainaz]

how do you make a DV/CD letter? why is this better than a paper letter? What would you say in your letter?

[waitinggame]

When they Sue you do they

send you something in the mail, or track you down and hand deliver? I live in PA.

Thanks for any help.

[albacore44]

send you something in the mail, or track you down and hand deliver? I live in PA.

Thanks for any help.

Could be either way

[ando]