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Thread: Debt Collecter/Legal advice?

  1. #1
    maxwedge
    removed

  2. #2
    ratso
    Ignore it... It seems that when the 7 year (I think) mark hits, that's a last ditch effort to collect...

  3. #3
    maxwedge
    Ignore it... It seems that when the 7 year (I think) mark hits, that's a last ditch effort to collect...
    That was my first thought, but it doesn't say "we may file" or we "might" it says they will and when she initially contacted me the message said it was "with regards to filing a summons" From what I've read, they can't say they intend to take me to court unless they actually intend to.

  4. #4
    BoatPI
    It is a scam. I bet that they have nothing to do with the original debt that you owed, just a bottom feeder.

  5. #5
    redneckcharlie
    That was my first thought, but it doesn't say "we may file" or we "might" it says they will and when she initially contacted me the message said it was "with regards to filing a summons" From what I've read, they can't say they intend to take me to court unless they actually intend to.
    They can threaten a lawsuit all they want. That is a very common practice in debt collection. In your case alledged debt. Many states have time limits on when a suit may be filed to collect money. You may want to call down to your local magistrate court and ask, or they may have a website you can look it up on. Regardless, I highly doubt there is any validity to there call. If it was me, I wouldn't give that an ounce of concern. Worst case scenario is they file in your local magistrate, and the judge dismisses it. At this point its way past the point they can put anything on your credit, and if they have, you can have it immediately removed. You may want to pull your credit file and see what it states with regards to that account.

  6. #6
    C-2
    Ughh, a JDB (junk debt buyer) and now you responded they will not let go easy.
    You probably did settle with Discover cuz Greenwood Trust is pretty aggressive on collections.
    I would check your credit first – they might have re-aged the account and placed a new collection on your credit file. Pull your credit using a privacy/score service. DO NOT pull your credit report from annualcreditreport.com (it can hinder your ability to clean up any crap they might have put on it.)
    If it’s on your credit report – then them filing suit really doesn’t matter. If they file, you will have an affirmative defense to have the suit dismissed via the expired statutes. That also raises the point – where would they file since the debt originated in NV, and now you are in IL. I believe hey would have to file in NV; get a judgment and then have it naturalized in IL (judgments do not cross state lines).
    Research the hell out of this website: http://consumers.creditnet.com/Discu...t-talk-3.html/
    Where is HokeySon?

  7. #7
    snake321
    Companies that pick up 10 year old claims cases don't spend money on lawyers to go to court. These guys are right. These are bottom feeders playing a percentage game. Some people might, some might not......

  8. #8
    C-2
    I think they also have to validate the debt – provide you with a copy of the original debt, then you have a certain period of time to dispute the existence of the debt (or something like that). That’s usually where they go limp since they cannot provide that info since the debt has been transferred so many times.
    Also, tell them you will be recording your conversation and ask for their permission to do so.

  9. #9
    Big Warlock
    Also, tell them you will be recording your conversation and ask for their permission to do so.
    Excellent advice!

  10. #10
    HM
    Everything C-2 said is correct. You also want to make sure not to volunteer any information to these guys. They are professionals and are there to find out as much stuff as possible. The only weapon they have is creating fear/embarrassment in people.
    If it persists, I have a guy that specializes in this stuff. Ed Raucher with Melucci, Thomas, and Brown (775-751-1963). For a very small retainer ($300) he will make sure you don't get any more phone calls and will tell you if this is a real issue or not. If it is a real issue, then he will help you thru that. He is really cool. Has a deep New York accent that he uses to his advantage as he sounds like he is making you a deal you can't refuse.

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