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Re: RMA plus Amex Litigation advice?


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Posted by LittleWays (205.188.116.84) on April 22, 2004 at 21:30:35:

In Reply to: Re: RMA plus Amex Litigation advice? posted by Debt Diggler on April 22, 2004 at 18:02:59:

The letters we received from RMA both state that
we have 30 days to request debt validation as per
federal laws. It proceeds to paraphrase the laws
and states that if we don't respond in 30 days
that they will proceed with collection of the debt
based on their accounting of it and will inform
us of any judgement reached against us.
The CA's accounting of the debt can be and
has been known to be in error. The law provides
validation as a means of protecting the consumer
from erroneous charges among other things.
If they demand full payment and we don't have it,
their next step is to seek a jugdement from which
they can attach eligible property as well as take
our wages. (although I dont know how they would
garnish a self-employed person's changeable
income.)
They are required by law to tell us that we can
acertain the details of the debt and must give us
30 days to make the request. Once they receive
the request for validation they must cease all
collection activities and can be fined $1000 per
violation. I already feel like I can take a
breath, from their constant calling.
The CA have tried to get away with producing
limited records of the debt.I have read that
sometimes they just send the debtor a general
billing statement, which is not enough. Case law
shows that some judges are interpreting validation
as a complete accounting of the debt from initial
signed agreement to detailed lists of charges and
fees.
So if they go into court without the debt
validation and the debtor doesn't show (which
often happens), they will win a default judgement
and proceed take what they can, with the help of
local authorities.
If they go into court without validation and
we do show, we stand a better chance of avoiding a
judgement.
If they validate and go for judgement, then BK
is our only option aside from winning the lotto.
Do we want to avoid the debt, no. We want to
set up a payment schedule, reduce the incredible
stress, live life and proceed to make our business
prosper.
I still don't understand how they decide that
one person is a to be sued, while another slips
between the cracks. We hope that the account is
returned to Amex, and that we can negotiate a
settlement that will not take food off our family
table.

Thanks f


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