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

I had an RV repoed...
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
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10/5/2013
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 59,043
Experience: Licensed attorney helping individuals and businesses.
Verified

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
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 59,043
Experience: Licensed attorney helping individuals and businesses.
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Customer reply replied 4 years 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?

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.
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Customer reply replied 4 years 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


 

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%.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

Thank you.

Very welcome. Happy holidays. Kindly click on a positive rating for the answer.
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Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 59,043
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