Looks like HSBC wants me to file sooner.

[albacore44]

Thats my whole point...how can you fight it if you know nothing about it? Man I hope they dont get me. I am so ready to file!!! Like I said Wells are the only ones I am worried about at this point. They threatened "employment verification" last night when I attempted to reason with them. They were fine until I told them i would not set up an auto pay. I told them to send me a statement and I would happily pay them, but i needed a document for a reciept of our agreement. Yea, yea, i know I dont need to be answering the phone. Just thought i would try again to reason.

I would ignor Wells. They have been pounding all my phones for several weeks now, leaving messages for both my wife and i, several times a day, even on sunday for craps sake, from 2 area codes 866 and 515. Yesterday the phones went silent, not a single call..........something smells fishy.

[optimistic1]

I have gotten the letters from the real attorney listing their bar number with a real signature and then I DV them and zip. I thought for sure they were going to sue, it was Mann-Bracken and I looked the attorney up by the bar number and did a case search she has 100's filed this year already.

So, and it is about time to do it again, time to search for my name... still nothing filed and they don't know where I live to be served.

But until your served with pre-trial questions or they filed and have a case number it is still just a collection letter.

That's the way I am trying to take this one, maybe the real ink signature is just another tactic, it works. I have a DV ready to go, its pretty straight forward, it says the claim is disputed, and I request verification or copy of judgement. Period.

[backtoschool]

You DO NOT want to wait to DV a law firm, remember they cannot file suit (well serve you) once they have RECEIVED your dv request but until they get it they can file anytime during the 30 period. That period if for you to respond.

Let me explain it this way.

1st day of month you get letter from law firm you have 30 days.
10th day of month you still have not send your DV letter thinking you have 30 days to send it to comply.
On the 10th of the month they file a lawsuit,on the 13th you are served, it is to late, the DV doesn't matter since the lawsuit is the ultimate DV. You mailed your DV on the 12th they had not received it yet.

They do not have to stop collections or phone calls or anything during that 30 day period until YOU send them a notice.

But when you are dealing with law firms and especially law firms that do this as their primary business. Realize two things.

One, if they were going to sue you right away, they would not have sent a dunning letter, it would have been a complaint and summons, you can't DV a complaint and summons, you can only respond to it, they know this. They are not required to notify you of any pending legal action or send you notice of the debt, the complaint and summons is your notice.

Two, if they were (they may still later) going to sue you (see number one) They don't want you to DV them and then have to go through the DV crap if they were really trying to pump out getting you sued. If you DV the letter BEFORE they file suit then they have to respond to the DV before they can sue you. A simple statement is all that is needed but still they can't do anything until that is completed and out of the way.

So, always send a DV right back to a law firm before they can serve you. If you wait and they serve you it is to late.

What is the point having the language in the letter of sending the 30 day notice if law firms don't legally have to be bound by it? These laws are so collector friendly.

I agree that law firms that are going to sue quickly will send a complaint and summons right away. All my lawsuits (I had three of them, one which happened after I filed bankruptcy, one of which was the sewer service one I mentioned earlier in the thread) started with a complaint and summons.

[optimistic1]

Interesting, I will scrounge up $5.54 then and go to the post office.

[backtoschool]

From: http://www.creditinfocenter.com/rebu...lidation.shtml

Great info! If my insolvent chicka self had known this a year ago I would have one less judgment to vacate. (one was that nyc sewer judgment thingy so I would not have been able to avoid that since I never got papers....)

So, basically you are being proactive by sending the DV right away and proactively avoiding an immediate default summary judgment.

[optimistic1]

From www.usps.com

CERTIFIED MAIL


With Certified Mail™ you can be sure your article arrived at its destination with access to online delivery information. When you use Certified Mail, you receive a receipt stamped with the date of mailing. A unique article number allows you to verify delivery online. As an additional security feature, the recipient’s signature is obtained at the time of delivery and a record is maintained by the Post Office™. For an additional fee, you can request a copy of the signature record before or after delivery with Return Receipt.

For an additional fee, request a copy of the signature record before or after delivery with Return Receipt.




Thanks, I hated filling out the green card, and paying twice as much, I am doing this from now on.

[BigJohn]

From www.usps.comA unique article number allows you to verify delivery online.

The green card is a permanent record. Some courts may object to data that was down loaded from the United States Postal Service. I could download the data, edit it, and print it out as a legitimate document. But with a green card, there would be very little to object to.

What happens if the letter was sent out close to 4 years ago? Would the USPS still have that record in the database? Even if you print it out when the record existed in the database, the data may not be verifiable later if it is not in the database.

[BigJohn]

I checked HSBC Bank Nevada, I found plenty of 2008 suits, but only 1 for 2009? You live where I live, check it and tell me what you think. I kind of want to beat them to the punch and get this filed already, but I need some cash, which is very hard to come by in my situation.

I found a handful of lawsuits, but like you said, only one with substance.
Maybe they realize that if they sue, people file bankruptcy in effect adding more expense to their already potential losts.

[albacore44]

Sometimes this is better than watching Caddy Shack over and over.

[backtoschool]

Sometimes this is better than watching Caddy Shack over and over.

It's more like watching "Groundhog day" over and over.

[forgotten]

.

You guys are odd.

[backtoschool]

I wish I could see that much humor in those post that have no factual information but come across as being the definitive word. I need to just let it go, I don't need the stress...LOL

Actually, my post regarding "Groundhog Day" was in reference to how you are stuck in an endless loop having to say the same things over and over but there is never any change on the other side of the equation. Your posts are always interesting and informative to me BigBoy2U

[jwmc1]

HSBC sued us over the $2,100 even though I had paid $1,000 in a lump sum and another $450 during the year...they are heartless. I have a 2nd mortgage with them and my house isn't worth the balance of the first...I can wait to lien strip them after the first of the year. They reduced my interest rate and payment and had me sign something that said it would be reduced for the remainder of my loan and they went back to the old rate after one year. I am working on trying to figure out why.

[albacore44]

HSBC sued us over the $2,100 even though I had paid $1,000 in a lump sum and another $450 during the year...they are heartless. I have a 2nd mortgage with them and my house isn't worth the balance of the first...I can wait to lien strip them after the first of the year. They reduced my interest rate and payment and had me sign something that said it would be reduced for the remainder of my loan and they went back to the old rate after one year. I am working on trying to figure out why.

yeah, I got them for my 2nd too. i have heard they dont do Modifications and their difficult to deal with. I got a BIG Heloc and my 1st is underwater, or nearly so.