Recent Feedback
So, I just received a letter from a D. Scott Carruthers' Office (an apparently infamous Calif. attorney) telling me that I owe a very old debt on a US Bank checking account that was closed several years ago. The letter states that I owe the original debt of $307.36 plus an additional $243.61 in interest fees. It further states that their client (Regent Asset Management Solutions) is willing to waive half of these so-called interest fees. They also advise that I should call their client directly within 14 days or they'll begin preparations for a lawsuit. The letter was signed by some Jason Bexten, Litigation Coordinator, and below the signature it reads "This communication is from a debt collector. It is an attempt to collect a debt and information obtained will be used for that purpose." I've already written request for validation that I will sending tomorrow. Any advice would be greatly appreciated.
Optional Information: State/Country of Question: Kentucky Already Tried: I have researched information regarding the FDCPA, and realize that in some situations the interest can accrue with the original debt holder. Also, I did receive a call from the agency recently (just prior to receiving the letter) and the numbers provided in the letter do not match what I was told over the phone.
It is highly unlikley that they will sue you over such a minor amount. However, they can keep harassing you. It is very unlikley that if they will sue you and it may be past the statute of limitations in your state which is an absolute defense. Paying it now will not remove it ffrom your credit report anyway.
I just checked my credit report a couple of weeks ago, and there was nothing on there concerning this debt. Also, the actual debt was incurred a little over 3 years ago, and my state's statute of limitations is 5 years.I've already been told that they probably won't sue me. My concern is, if I actually owe the debt, I want to make sure that I am A) paying the right person/company, B) that I'm paying the correct amount, and C) that they aren't violating any of my rights as per the FDCPA. I'm also concerned about what may happen if I don't see a response from the validation request within the 14 days.
If they can validate the debt then they are the right party. You can also check with the original creditor to be sure it has been sold. Here it doesn't appear that they are violationing the FDCPA and nothing happens if they don't validate within the 14 days.
I guess what I'm asking about the 14 days is, if they can/do validate the debt, but it takes longer than 14 days, can they sue if I have just received that validation (or have not yet received the validation) and haven't time to negotiate payment of the debt?
They can sue whether they provide the validation or not.
Okay, poor choice of words. What will likely happen if they do sue, given that scenario?
If they sue and you owe the money they will get a judgment.
An accept for my time is always appreciated
Experience: Actively practicing trial attorney