Originally posted by IamOld
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More Wells Fargo CC collections
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Guys - just an update - WF just sent me a letter stating that they've pulled back the account from all collections agencies, and they want the entire $7K balance in full or they will be turning the acct over to attorneys. Is this the time to send them back a letter say...in 2 or 3 weeks, referring them to my bk Atty?
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Don't even worry about it. Even assuming that Wells Fargo refers the account to an attorney in your city, there is absolutely no chance that they will be able to bring suit and obtain a judgement by September when you are going to file. First, it will take a week or two for the account to be transferred to the attorney and for them to send the required FDCPA notice letter. If you wait 20-25 days before sending out the dispute/verification letter (making sure to send it certified mail return receipt requested) this will stall out any potential legal action for another month. And of course (in my experience anyways) the collection law firm will send a number of dunning letters over the course of several months before bringing suit.
In fact, I have a charged-off $26k Citibank Mastercard which was sold to Unifund and then referred to a collection law firm as well as a charged-off $7k Discover card which has been referred to more than one law firm over the course of 2+ years and yet no one has sued yet! I just periodically get dunning letters and settlement offers and other letters notifying me of the fact that they don't have any way to contact me by telephone to discuss this delinquent account. The beauty of having an unlisted home phone!
Of course, I live in a rental apartment and I don't have any vehicles or investments titled in my name. I suppose that if I owned a house, or had an expensive car titled in my name then I'd have been sued ages ago. Do you own anything that might make the creditor more eager to sue?
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THanks!!!!
Well we have a house - NOT an expensive house and it's underwater and two ordinary GM cars...also underwater :-)
AND a credit report that is WORSE than 100% of the population!!! :-)
I think you're right - I should be good to Sept...just wanted to give an update and get the wisdom of the forum for which I shall always be very thankful!!!
Originally posted by bcohen View PostDon't even worry about it. Even assuming that Wells Fargo refers the account to an attorney in your city, there is absolutely no chance that they will be able to bring suit and obtain a judgement by September when you are going to file. First, it will take a week or two for the account to be transferred to the attorney and for them to send the required FDCPA notice letter. If you wait 20-25 days before sending out the dispute/verification letter (making sure to send it certified mail return receipt requested) this will stall out any potential legal action for another month. And of course (in my experience anyways) the collection law firm will send a number of dunning letters over the course of several months before bringing suit.
In fact, I have a charged-off $26k Citibank Mastercard which was sold to Unifund and then referred to a collection law firm as well as a charged-off $7k Discover card which has been referred to more than one law firm over the course of 2+ years and yet no one has sued yet! I just periodically get dunning letters and settlement offers and other letters notifying me of the fact that they don't have any way to contact me by telephone to discuss this delinquent account. The beauty of having an unlisted home phone!
Of course, I live in a rental apartment and I don't have any vehicles or investments titled in my name. I suppose that if I owned a house, or had an expensive car titled in my name then I'd have been sued ages ago. Do you own anything that might make the creditor more eager to sue?
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i agree...no way, it takes time you have to get served, then a you have some time to answer the summons, then a court date...and then a stall....8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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Originally posted by IamOld View PostGuys - just an update - WF just sent me a letter stating that they've pulled back the account from all collections agencies, and they want the entire $7K balance in full or they will be turning the acct over to attorneys. Is this the time to send them back a letter say...in 2 or 3 weeks, referring them to my bk Atty?
Gosh, I just can't wait until you get to file and can tell them all ......well, you get the drift......LOL!Filed CH 7 4/15/11
341 5/23/11
DISCHARGED & CLOSED ON 7/27/11
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