Amex & James West, P.C.

[NewPage]

This is a new one.

Last week there were a couple calls from a number that Caller ID said was James A. West, P.C. I Googled, and it's an attorney for Amex collections. A few days ago I got a letter from them:

This office represents American Express Co. who has placed the above referenced matter in our office for collection. Please be advised that at this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact our office, our client may consider additional remedies to recover the balance due.

Our client has asked us to negotiate with you to resolve this debt, but we cannot do so unless you contact us. We are wiling to work with you within our client's guidelines. Please call 800-568-4116 and ask for Latroy A. Broadnax at extension 1269.

Unless you notify this office within thirty days after receiving this notice that you dispute the validity of this debt or any portion thereof, we will assume this debt to be valid. If you notify this office in writing within thirty days of receipt of this notice, we will obtain verification of the debt and mail you a copy of such judgment or verification. If you request from this office in writing within thirty days after receiving this notice, we 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. We are required to inform you that this is an attempt to collect a debt and any information obtained will be used for this purpose.

Sincerely,
Jay Collier
Collections Manager

I know what I need to do, and that is validate the debt, correct? Buy time and all that. Can someone please point me to a sample letter to do so? The sooner I get it mailed the better I assume. Letter is dated July 13; I received it perhaps Friday or Saturday.

Thank you.

[flyinbroke]

It is 30 days from when you receive it.

Keep it simple:

I dispute this debt, please validate.

All calls at any number are inconvenient. Please correspond by USPS at the address above.

[catleg]

Here's my take on lawyer/collectors.

If they are really fixing to sue you, they are not going to make a whole lot of effort to call YOU. They're basically going to send you a demand letter, file a lawsuit, get a judgment, and levy wages or bank accounts; at any point in that process you are free to call THEM and offer to pay.

If it's just a collector that has legal stationery but no real lawsuit intent, then you'll get lots and lots of calls from them, nasty grams with the name "LAW FIRM" in bold 18 point font. (thinking of Fred Hanna here).

Since they've called you several times, I would assume their intent is not to sue. In that case a simple cease and desist letter is sufficient, DV is not meaningfully different; however, it will delay a lawsuit ever so briefly if you can hit them right before they're about to file suit against you.