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Should we hire a lawyer to settle credit / collection dispute?


My husband has a debt from a couple years ago that he never paid. Last year, a lawyer's office sent him a basic collection's letter and he requested additional information in writing within the 30 days given...he never received anything back from them and he tried calling them several times and they never got back to him. A couple months after that he received a letter that the case had been brought to court and was assigned to a different lawyer than the one that originally sent the letter. He contacted them and set up a payment plan and paid for only 2 months on it because after that his payments were rejected and he could not reach this "new" lawyer. Today, he received a letter from ANOTHER new lawyer saying that the debt was being handled by them now and it gave an amount that was a couple hundred more than he owes! Should we just get a lawyer to get this ordeal dealt with? Anyone know approx. how much it would be? Does it sound like these other lawyers did anything wrong?

OK I read the most recent letter wrong..I just looked at the 1st letter we received and it's 3,000 more..seriously. I kept all documentation that we received and I sent that letter to the first lawyer asking for the verification via certified mail and kept the signed card that it was received...Any lawyers out there with advice!?!

The first mistake he made was not requiring validation of the original debt. By making a payment he turned back the clock on the Statute of limitations.

Now he must re-do his validation for the new attorney.

Have him send the following letter:

[HIS ADDRESS]

[CREDITOR ADDRESS]

Date: [DATE OF CONTACT]

Re: File [ACCT NUMBER]

To Whom It May Concern:

This letter is being sent to you in response to Letter I received on [DATE OF CONTACT]. As I dispute the debt in question, Please be advised that, pursuant to the applicable provisions of the FDCPA, I dispute this debt.

If this has already been reported to my credit report, I expect you to update the reporting to show that the debt is disputed, as required by law.

Please also be advised that I expect you not to initiate further contact until such time as the validation of this debt is received pursuant to the FDCPA.

I look forward to working with you to resolve this issue and will be eagerly watching the mailbox for any validation of such debt. I trust that you will have the documents e-mailed to me as soon as possible.

With appropriate regards,

[HIS NAME]

Record each and every phone conversation he has with this collector until such time as he receives the validation and save any other form of communication.

If the debt is valid, and is most likely will be based on your facts, then have him make an offer in compromise and start at 1/3 of the stated debt.

This last creditor purchased the debt from the second party and paid less (much less I can assure you) than what is asked for. Most times you can settle for less than the original debt.

EDITED BASED ON ADDITIONAL INFORMATION:
When was the original validation letter received by the first attorney and when did you (if you did) receive a response?

Also, when did you receive the letter from the second attorney?

BASED ON ADDITIONAL INFORMATION:

You need a consultation immediately with a local attorney. It seems the first attorney violated the FDCPA by selling your debt in violation of the validation demand.

Take all of your information, letters and records for an initial consultation. While you may not have a case on the original debt, you may have a case against the first attorney and maybe even the second attorney.

Again, you have the right to validation from everyone who attempts to collect a debt. Your first collected may have violated the FDCPA by selling the debt after validation was requested and that could very well have an effect on the proceeding collectors validity to collect.

But please consult a local attorney who can review all of the information and render an opinon on the matter.

ACTUALLY CRYSTAL: an initial consultation with the attorney will cost nothing. And if a violation is found, attorney fees are covered by the FDCPA. That's why I always advise validation and complete analysis from a local attorney.

There should be an Arbitration clause in your loan agreement. Request that the matter be presented to Arbitration instead of going to court.

OK the guy above me has it straight. However if there has been a complaint filed with the courts you need to make sure you file your response with the courts also.

Reason the amount is rising is because if interest and attorney fees.

You can get a lawyer, but this will only cost you more in the long run.

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