Received my first CA letter today...

[Rob517]

I'm about four months behind and GE money Bank (Paypal Buyer Credit) sold my debt (about $1100.00) and the CA sent me a letter. It stated I have 30 days to dispute the debt and if I do so, they will investigate and mail me a copy of the judgement.

Hmmm.....I thought they had to sue me in MI to get a judgement? I believe this is just a scare tactic. I will send my dispute letter back to force some delay.

I do have a question on "Service by Publication in MI," what newspaper will they post this in? Just the local county paper? I am not sure which one to obtain in order to keep track of a pending case. I am not home very often and will probably miss the summons so I am anticipating a publication.

Thanks for a great Forum

Rob

[optimistic1]

Hmm, sounds like NCO, they will never reply with any proof of the debt after you send them a DV, and they never call again either.


These are the Michigan State rules regarding service of process. Although for service by pub. they could put it anywhere I would guess, it needs to be in your city atleast.

From what I read here, if you dont answer the door when the process server comes, they can simply attach it to your dwelling and you have been served. No need for service by publication, although #1 below may be a rule for service by publication, but that wasnt really your question anyway.

(D) Service of Process. A copy of the summons and complaint and all attachments must be served on the defendant by mail. Unless the court does the mailing and keeps a record, the plaintiff must perfect the mail service by attaching a postal receipt to the proof of service. In addition to mailing, the defendant must be served in one of the following ways:
(1) By a method provided in MCR 2.105;
(2) By delivering the papers at the premises to a member of the defendant's household who is
(a) of suitable age,
(b) informed of the contents, and
(c) asked to deliver the papers to the defendant; or
(3) After diligent attempts at personal service have been made, by securely attaching the papers to the main entrance of the tenant's dwelling unit. A return of service made under subrule (D)(3) must list the attempts at personal service. Service under subrule (D)(3) is effective only if a return of service is filed showing that, after diligent attempts, personal service could not be made.

courtesy, http://coa.courts.mi.gov/rules/docum...trictCourt.pdf



Here are some helpful links for you,

http://courts.michigan.gov/SCAO/selfhelp/smallclaims/sc_help.htm#defend

http://www.legislature.mi.gov/%28S%28zmsn1o55ihgmes45j3rwl555%29%29/mileg.aspx?page=getobject&objectname=mcl-236-1961-84&highlight=

http://courts.michigan.gov/scao/selfhelp/general/answers.htm

[albacore44]

No. he states that it is GE Money. they were the first send me to collections. The use Encore receivables. I sent them a DV and they stopped calling right away.maybe the poster will come back on and tell us who the CA is.

[optimistic1]

Just double checked mine, yup NCO out of Virginia.

[Rob517]

Just double checked mine, yup NCO out of Virginia.

Ditto here.....NCO it is. DV letter on the way shortly. I assume it should be sent USPS certified mail?

Sorry for the confusion...GE Money Bank was the OC...but now NCO has it. Thanks for the helpful links. This forum is a great resource. I have another attorney appointment Monday. Wish me luck...lol...I'm searching for the one who I think will best represent me...

Rob

[optimistic1]

certified, return receipt, about $5.54

[optimistic1]

like I tell everyone that is on the hunt for a good bk attorney, contact your local state bar association, ask them for a referral for a certified bankruptcy specialist. I have seen several local injury firms now saying things like "now handling bankruptcies!", it is those firms that may take you for a ride.

[Rob517]

Which one of these letters would you suggest I use? Below are the links to two samples..Of course I will fill in my own info where appropriate. I like the the way the second one is written but I also like the extra requests of the first one. Maybe I could make a combination of them both?? The sample letters are in about the middle of the page so you'll need to scroll down a bit when the page loads.

Rob

http://www.debthelp.net/DebtVerificationLetter.aspx

http://www.billconsolidationcentral.com/sample-debt-verification-letter.php

[optimistic1]

The first one is overkill, by the fdcpa the collection agency really doesnt have to provide you with much, recent statements suffice. All the other threats in it are baseless unless the debt isnt yours at all, e.g. identity theft

The second one is more simple, but still demands more than what is required.

I would go with the second one.

Or look at all of them on the net, and make your own.

I would also look up what type of protection is afforded to you by your local state laws, and reference these into the letter.

Here is a great link with good accurate information, and some sample letters that are short and sweet.

http://www.expertlaw.com/library/consumer/fair_debt_collection.html

[Rob517]

Sounds like a plan....I knew I wouldn't be bored on my day off tomorrow...

Thanks again

[optimistic1]

Yeah its fun at first, I am quite sick of going to the post office now.

[Rob517]

How do you know the debt was bought by the CA and they are not just trying to collect on it? It is important for you to understand the difference and what it means between just plain old collection letters and when an account is sold It is a slightly different. So give me an idea why you think it was sold? To me so far it doesn't fit the right criteria.

Also never use cut n paste letters off the internet (unless of course they are mine...LOL) No, seriously CA can smell or see a newbie a mile away and then they want to push your buttons ands more. There are some really good letters to be found in this forum if you search for them. I have posted mine several times.

Also a 'statement' from a CA to your DV request only has to state; you owe ABC company $1234.56 THAT IS ALL they are required to provided under FTC written opinions. It really is the same info you get when they send out the dunning letter. A lot of CA's will ship your file back to the OC and the OC will eventually 'maybe' get around to sending you out copies of your statements. But keep this in mind. You DV the CA they send the account back to the OC. OC now starts in-house collections against you again or the ship your file to a new CA and it starts all over again.

Yeah I am learning as I go for sure...I guess I wouldn't know for sure they sold the debt as I have not checked my credit report in a few weeks. I'm ready to file when I have to, I've got the cash ready to pay the attorney, until then I'm hanging around and shopping around for the best attorney.

I have never had a land line phone and I use a Blackberry so my phone is only set up to ring for people I know and it never makes a peep for the creditors...or CA's. I clean out my voice mail once a week and I'm good to go. They stopped calling my employer when I advised them my employer doesn't allow those types of calls. I work in public safety and our lines are recorded as well. I'm just basically stalling and saving the rainy day fund. I already know where I am moving as well. I have no family of my own and am single so not much to worry about besides myself. Just a few relatives in town...

Thanks for the help. If you're offering...ship me your DV letter..I'll use it....makes no difference to me....

Rob

[optimistic1]

Here is one, but dont copy and paste it, you cant do that, remember, instead use a number two pencil and hand write this one, or option 2 is use a calligraphy pen, but dont copy paste.



Your Name
Your Address

Date

Collection Agency's Name
Collection Agency's Address
Subject: Debt Collection Against [Your Name]
Creditor Name: [Creditor]
Account No. [Number]


Dear Account Representative,

I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, to inform you that I dispute the alleged debt associated with account [number ________] with [creditor]. I do not believe that I owe the amount alleged by you.

Your letter of [Date of letter from debt collector] was the first time I have heard from you about this alleged debt. Thus I am requesting that you provide the following information:

* Please explain the nature of the alleged debt - that is, what the money I allegedly owe is for;
* Please provide an accounting explainign how you calculated what you allege that I owe;
* Please provide me with copies of any contracts or documents which form a basis for the alleged debt; and
* Please provide me with the name and address of the original creditor.

I further request that you take the following actions:

1. Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and
2. Please also forward a copy of this letter to the creditor who alleges that I owe the debt at issue, and inform them that I am disputing the debt.

Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my home address by mail.

Sincerely,

[Your Name]

[albacore44]

Thats pretty good. heres what I use

deadbeat
my address


azz hat collection agency
address

Re: Your letter dated xxxx Ref. Account # xxxxx

Dear Azz hat,

You are hereby notified that I dispute this debt and demand validation.

Additionally, Pursuant to the Fair Debt Collection Practices Act 15 USC 1692c (1) you are hereby notified that 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 harassment and take appropriate action

I can be reached for further communication via USPS mail service at the mailing address listed above.


Regards
deadbeat

[Cheeseater]

Thanks for posting your letters. I will no doubt be using them shortly as I'll be 180 with Bofa next week.