quote:

Originally posted by ensigmatic:

quote:

Originally posted by HRK:
If you didn't sign anything, then the terms should have been to send them a demand for proof of the debt under the FDCPA ...

When I wrote "Many, many moons ago..." I meant it. This was before the FDCPA even existed. Plus there were... "complications."

Well that certainly changes things, back in the old days collections were done by Manny and Rocko with a bat... ! Ya gotta protect the knees!

Just business - they're at $8200 and have indicated they may take a bit less. You're at $3000 and might dig up a little more. Split is $5600 but if you sell yourself you'll get it settled cheaper.

Chances are you are working with a single individual case manager - get a sincere phone conversation started and just lay it out - 3k is a big stretch but you can make that happen fast with a deposit today, in full is best but money TODAY is important. In full is best for sure, that closes the file. Threaten bankruptcy in an 'I just don't know what I'm gonna do' manner...

Magic number is $5k - that's over half of orig bill w/out additional expense, bean counter will accept that. You can poor mouth your way up to 5k and might save a little.

Good luck.

You could google credit card debt relief. There are free services that help you with credit card debt. I had a couple who were already in collections with a start date of when they had to pay. They found one who said they can help.

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Originally posted by Rey HRH:
You could google credit card debt relief. There are free services that help you with credit card debt. I had a couple who were already in collections with a start date of when they had to pay. They found one who said they can help.

Be careful with these companies, they can charge fees otherwise how do they survive, just make sure you have all the facts before engaging one.

Doublesharp is echoing what I said, open lines, talk, work to a solution, don't ignore them that's when it goes to legal action, or gets closed if they think it's judgement proof situation.

Again, find out your state laws on what assets are exposed to any judgement and your remedy.

This is most likely a company that buys debt for pennies on the dollar then tries to strong arm people into paying more.

Small claims courts usually have low dollar limits and are designed so that lawyers aren't essential to the process. You still might want to consult with an attorney.

Will they actually show up in court to try to collect? Who knows. Just be sure to go if it gets to that so they don't get a default judgement. That's what they are hoping for as it gives them a legal license to grab some of your assets, if they can find them.

If you are now employed and have the resources to pay a legitimate debit, then deal with it through an attorney. If you are shaky financially and don't have real assets they can collect, the only thing they can really do is harass you, shake the tree and see what falls out, and that's probably what's happening here.

Be very careful what you say, preferably nothing.

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This is most likely a company that buys debt for pennies on the dollar

This is one of the things that stands out about our debt collection process.

If a creditor is willing to part with your debt for X dollars to somebody in the collections business, shouldn't they also be willing to settle that debt with you for the same amount they're willing to accept from them?

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Will they actually show up in court to try to collect? Who knows

Yes they will. I've been involved in a few small claims lawsuits (one just the other day), and every time I have been in the courtroom there have been attorneys representing companies suing multiple defendants at the same time. In the majority of those suits the defendants do not show up and they take the automatic defaults. They aren't wasting their time filing suits just to not show up themselves.

If I were you, I'd show up to court a little early, identify the attorney representing the creditor, and ask them if they'd accept what you're willing to offer.

This message has been edited. Last edited by: a1abdj,

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Originally posted by 220-9er:

Small claims courts usually have low dollar limits

The maximum here in Florida is $8,000.00. I had a clear case against a putz who wrecked my hangar door, but repair costs were well above that, so it was worth it to me to by-pass small claims court and pay a lawyer to go after the damages.

Here is what I was given by the process server (if that's what you call the guy who delivered the summons)
1. Macy's CC statement dated Jan, 21, 2020 with a balance of $9,271.71
2. Bill of Sale by Citi Bank to Resurgent Acquisitions LLC (Delaware Corp)
3. Transfer and Assignment by Resurgent to LVNV Funding LLC
4. LVNV Funding Credit Card or Debt Buyer Connection Action Affidavit

The CC is in my wife's name, I said we have to go to court only because I will be accompanying her. She is not employed. She is a freelance writer/editor and makes $10k - $20k per year. I make significantly more. But I'm 68 and hope to retire in about two years. I don't think bankruptcy is necessary, but I would have to spread the payments way out, past the two years that they proposed.

Just got off the phone with them, upped to my offer to $4,000 by robbing my property tax escrow account, which creates another problem. They rejected it and said $6,754 was as low as they could go. Any type of payment plan would have to be on the full amount.

Any additional suggestions, anyone.

I am not a lawyer and this is not legal advice.

These guys are bottom feeders with several class action actions against them.

The harder you fight the least likely they will fight back.
They win 90% or more by default as people don't show up.


Some helpful links.

https://attorneydebtfighters.c...by-lvnv-funding-llc/

https://www.solosuit.com/posts...-collector-court-win.

Definitely ask for a detailed accounting of debt.
If they can't or don't provide it ask for a dismissal.
You can mention to the judge that they are being class action sued for inaccurate accounting.


Check the statute of limitation of debt in your state and the last charge or payment on the card.
You can argue that that is when the clock starts ticking. Past the time, again ask for a dismissal.
Again mention to the judge that there is a pending class action for trying to collect past the time of the statute of limitations.

If that doesn't work have your wife ask for a token monthly payment of $50 a month.

She is unemployed and unlikely to work again.

Good luck.

Answer the complaint in time denying and demanding strict proof thereof.

Research FECPA laws and credit card defenses. Show up to court and ask for a signed contract or the original debt and proof of ownership of the debt now.