Am I on notice?

[frmrdwn]

I just received a letter from Encore, a collection agency, for my Lowes account (GE Money Bank). The 80 days past due balance is about 1200. I am in OR.

It reads in part "...Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will: obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose."


Did they just ask me to DV them?!

Was that my warning before they start a lawsuit and attempt to garnish (yes, I am garnishable). Can't file until April 1. It's going to be a looong six months.

[treehugger1]

They are probably still collecting on behalf of the original creditor. Send them a DV request. Keep it simple. I usually wait for 15 - 20 days after receiving the written notice to request DV. Keep it simple. I also include a sentence that states all phone calls are inconvenient.

When you state you are requesting DV, also state that you are doing so under Federal Law and the Oregon Revised Statutes.

Will they move toward suit? Who knows? But my sense is that they will make a decision regardless of whether you exercise your rights or not. Exercise your rights while you have the option.

I have no experience with GEMB, but your rights are available regardless of the creditor/CA/JDB/collection attorney firm.

If you want more info send me a pm. I am also in Oregon.

[albacore44]

Yep, GE seems to like to use Encore. Got 3 letters from the on 3 accounts. Send them a DV and they will go to sleep. Not sure if the sue. i reviewed my court docket and all I could find in history was someone sueing them for violation of the FDCPA.