How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Infolawyer Your Own Question

Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 51084
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Consumer Protection Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

I had an RV repoed in 2011. i just now got a letter from an

Resolved Question:

I had an RV repoed in 2011. i just now got a letter from an attorney (that is not licensed to practice in Texas) notifying me i have 30 days to dispute the validity of the debt in writing, or they assume debt valid. the balance they show is less than the lender. the lender is not the original lender. we made one payment to this lender and then had to let it go. i talked to a bankruptcy lawyer. even though it is in my name, my husband is affected and he is not wanting to go that route. we are in a debt management plan. if i add it to the plan, would i have more favor getting a settlement by letting them deal with them? i don't want to be sued. thanks
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.

Infolawyer :

Hello,

Infolawyer :

You want to ask for proof of debt from this collector

Infolawyer :

under the fair debt collections practices act, the collector must provide it

Infolawyer :

and needs to be licensed in your state to pursue the claim.

Infolawyer :

If provided, you are often best off settling with creditor directly and not through a plan.

Infolawyer :

many creditors wont deal with the plan

Infolawyer :

showing financial hardship and suggesting bankruptcy often gets a good payment plan AND a reduction in balance.

Infolawyer :

but first thing is first which is proof of debt, of collector's standing to collect it, and of the amount

Infolawyer :

Is the answer clear and acceptable?

Infolawyer :

awaiting your reply

Customer:

ask for proof from the creditor or answer this lawyer? the sold it at auction they say for $8K. can i ask for proof of the amount? this letter i got is from a lawyer in georgia. can they pursue this to engage in a lawsuit? thx

Infolawyer :

ask for proof from the lawyer and from the creditor.

Infolawyer :

you can and should ask for proof of the lawyer's right to collect, of the amount, of anything they recovered on the debt

Infolawyer :

The lawyer in Ga can only handle cases in Ga

Infolawyer :

to pursue you in Texas they would need a lawyer in Tx

Infolawyer :

often these lawyers will try to collect, and if cannot will close the file

Infolawyer :

which also works in your favor and reason for you to ask for proof of debt in detail and in writing

Infolawyer :

I wish you the best.

Infolawyer :

Is the answer acceptable?

Infolawyer :

awaiting your reply

Customer:

as i send the letter, can i ask them to stop phone calls too? what are the repercussions if i don't respond? he's in GA, so he can't sue...unless they give it to one in tx. not that i want to go that way :) by responding, am i setting myself up?

Infolawyer :

Yes

Infolawyer :

you can demand all communication be in writing

Infolawyer :

also per the FDCPA

Infolawyer :

You should respond and not ignore

Infolawyer :

put them on the defensive

Infolawyer :

You dont lose anything by doing that

Infolawyer :

He cannot sue but he may get a lawyer in Texas or have an office in Texas

Infolawyer :

if he doesnt give proof of debt as asked, he may be barred as would him client from collecting later

Infolawyer :

You can of course do nothing too

Infolawyer :

but in my experience, going on the offensive is better.

Infolawyer :

collectors often dont want to do much work

Infolawyer :

I have handled claims on both sides.

Customer:

so i'm going to ask to verify proof of debt in detail and the amount, proof of the auction amount, verify they have right to collect, ask to communicate in writing...show financial hardship (have medical, just sold a house short sale, etc) and that i've spoken with a bankruptcy attorney. if they close the file/case, do they have to notify me in writing? thx

Infolawyer :

Precisely

Customer:

what do i do if they don't give me proof? should i put a time limit...respond in 30 days?

Infolawyer :

I agree with that plan

Infolawyer :

ask for proof within 10 days

Infolawyer :

per the FDCPA

Infolawyer :

if they dont respond, they may not be able to collect further

Infolawyer :

keep a copy of your letter

Infolawyer :

I wish you the best.

Infolawyer :

Kindly click on an excellent rating for the answer.

Customer:

probably send certified :) you have been very helpful..thank you so much!

Infolawyer, Lawyer
Satisfied Customers: 51084
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and 5 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

i received another letter from the attorney. their letters have different settle amounts (in lump sum). i can't do a lump sum. I sent a letter to the creditor (and cc: the attorney) requesting I work directly with the Creditor and that i would like to set up a payment plan. They switched to a Texas attorney, so i wrote them the same letter as the first, requesting proof, etc. The sent me a letter & quoted Chaudhry v Gellerizzo, 174 F.3rd 394, 406 (4th circuit 1998) in which verification of debt involved nothing more than the debt collector verifying amount owed in writing. This was the last communication (11.26.13) but it didn't say anything about a payment plan. what will happen next? what do i need to do?

Expert:  Infolawyer replied 1 year ago.
You should call the creditor or its agent. Discuss settlement. Come up with an amount and payment plan. Once you agree, the creditor or its agent should send a letter confirming those terms. Works better than a letter exchange.
Customer: replied 1 year ago.

can i ask for a lower amount to pay off? and what would be a reasonable amount for a payment plan? i make $13/hour


 

Expert:  Infolawyer replied 1 year ago.
Yes. You should explain the financial hardship. You should focus on how much you can pay per month and still cover your living expenses. You can often get the balance down by 50%.
Customer: replied 1 year ago.

Thank you.

Expert:  Infolawyer replied 1 year ago.
Very welcome. Happy holidays. Kindly click on a positive rating for the answer.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas
 
 
 

Related Consumer Protection Law Questions

Chat Now With A Consumer Protection Lawyer
Infolawyer
Infolawyer
Attorney
5939 Satisfied Customers
Licensed attorney helping individuals and businesses.