Re: Need help responding to attorney collector

Posted by LadynRed (65.80.183.182) on November 25, 2002 at 08:34:46:

In Reply to: Need help responding to attorney collector posted by anon on November 25, 2002 at 00:41:12:

Greg.. I don't know where you're coming from, but your information is incomplete.

Anon - First, given the mini-miranda and the 30-day dispute notice this Mim's 'atty' is just another collection agency, bound by the FDCPA and you can do debt validation.

1- Providian has sold off a LOT of its accounts, so its possible that this GA bank is just one of those account buyers. This MIMS guy is just another CA hired to collect for this bank.

2 - Oh yeah.. and the CA's will also try to illegally re-age the account. If you have proof positive of your last payment to Providian, then you have proof that the account has been illegally re-aged.. and you can SUE them for it !

3 - Well, the CA is your first notice then. By law they must contact you in writing within 5 days after getting the account. The CA is sending out his normal form letter for the client.

4 - You can always do debt validation. Its possible that this new bank may not be able to produce the proper validation as set out in the FDCPA (which you need to read, along with the Wollman opinion letter). Send it Certified, RRR.

If you have little no assets and no income, they may not sue, but there's no guarantees. They could still win a judgment that'll just sit there until you get another job, then they'll go for garnishment.

Do the validation.. it will stop any and all collection actions.. if they continue.. they're violating the law.

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