Need advice on response

[desperatio]

I've recently received a letter from a local attorney whose been retained
by Capital One. The letter was the standard 30 days to dispute the validity of the debt ($6500). I've covered my situation before, but for the purpose of this thread I'll just briefly state that I have no income, car, or house (and no jewelry or anything else of value).

Should I even bother with a Debt Validation letter? He represents the OC and undoubtedly has the information. Should I at least explain my situation to him?
I know it probably wouldn't stop a lawsuit, but is there any chance that they wouldn't bother, or at least put off filing suit?

Any thoughts at all are appreciated.

[flyinbroke]

I've recently received a letter from a local attorney whose been retained
by Capital One. The letter was the standard 30 days to dispute the validity of the debt ($6500). I've covered my situation before, but for the purpose of this thread I'll just briefly state that I have no income, car, or house (and no jewelry or anything else of value).

Should I even bother with a Debt Validation letter? Always! He represents the OC and undoubtedly has the information. Should I at least explain my situation to him? Waste of ink and oxygen. CAs don't care what you say unless it is "I will pay" and "here is the routing number and account number to my checking account."I know it probably wouldn't stop a lawsuit, but is there any chance that they wouldn't bother, or at least put off filing suit? There is no rhyme or reason for lawsuits. If they want to file they will. The only surefire way to stop them is with arbitration or BK. Both steal their right to litigate in court.
Any thoughts at all are appreciated.

.

[ryan]

Talking to collection lawyers is a colossal waste of time.

They generate revenue by collecting. EVERY debtor tells them stories similar to yours.
IMO, they are emotionless 'sharks', who just keep swimming looking for food (money).

[treehugger1]

I'll speak from experience. Once my C1 accounts went to local attorneys, they did commence suit. In my state (Oregon) we have a form of arbitration that automatically kicks in when you file an answer. The old wives' tales about the effect of the national arbitration rules in cc agreements has no value here. Oregon opted long ago for its own arbitration methodology. As did several other states, by the way.

I did DV the local attorney involved, and this did add another 60 - 120 days before suit.

Again, my experience has been that once C1 sends your account to a local attorney, it is because C1 gets solid results. Don't expect your local attorney to make too many mistakes (if any.)

All I have is wages to garnish. And because of student loan garnishment, I can only be garnished for 10% of after-tax wages. C1's attorney just filed for garnishment this month after many months fo doing nothing with their judgment. The 10% garnishment will net them about 20% of the judgment amount in 90 days. Then they have to renew their granishment writ, and probably get in line behind another creditor.

It sounds as if you are within exemptions and the lawsuit will result in a non-paying judgment at this time. The future may bring a situation where the judgmetn can be acted upon. Continue to do your homework with respect to yoru state laws.

Best to you.

[catleg]

What state do you live in? You might want to research what it costs to file a complaint (lawsuit) and an answer in your state so you are prepared.

I agree you won't likely talk them out of a suit; they may just prefer to have a judgment to sell to a JDB to get a better price.

But definitely DV them in such a way that your dispute triggers FACTA "red flag rules" about possible identity theft; that should slow them down for a while.

In other words, write I dispute all these charges, I do not recall making such charges, I request proof such charges were made, etc. If you're lucky they go away for 30 days to 6 months to "research", send you a big pile of old statements, or something like that.

Good luck!

[desperatio]

I'm in Arkansas, and I've found a nice example and explanation about filing a pro se answer on the state legal aid website. However, is filing an answer the right thing to do? I know it will push things back until a court date, but at the end of the day they'll end up winning the case, as poverty is no defense.
My DV letters went out today, just as you all advised. Thanks to everyone for all the advice so far.