Bankruptcy Forum

DV'd Enhanced Recovery corporation they re sold it.. have question..

deesown
01-20-2008, 12:06 PM
I Dv'd this CA back in November of 07 and it seems they have sold it to another CA. Have not heard from them since.

The New CA is called Midland Credit Management, out of Los Angeles-zip 90084. I have been sent a settlment offer from them. It states:

Welcome! we have a great offer for our new customers.

Midland Funding recently purchased your FCNB-SPIEGAL account and we are the server of this obligation. We are currently able to offer you a 40% off your balance settlement offer, to resolve your account. If you decide to take this offer we will notify all Credit Bureaus and "paid in full" To accept this offer you must accept by 02-18-08.

On the back of that letter it does state that unless I notify MCM within 30 days of notice that i dispute validity they will assume the debt is valid. It also says if i notify them in writing within those 30 days they will obtain vertification of the debt or a copy of a judgement (if there is a judgement) and they will mail me a copy of vertification or judgement.
I also had another question if I may ask...

What if I DV Midland and then they try to sue me without responding to my validation request?

I know i am still within the sol and was wondering what my next step should be. Should I DV this CA as well see what happens?

Has anyone heard of this CA and how they operate?

keepmine
01-21-2008, 05:58 AM
Debt validation won't stop a lawsuit.
If the debt is old and has passed through multiple agencies, odds are they can't validate.
What exactly are you trying to accomplish? Do you have a plan "B" if they just send some verification that just includes an amount and the creditor?

HHM
01-21-2008, 06:04 AM
Keepmine is right...

What is your end-game plan?

All these things in the FDCPA and FCRA are meaningless unless you have an end-game plan for dealing with debt. If you are gonna go down the FDCPA road, you need to find an attorney willing to sue for the FDCPA violations, otherwise, the FDCPA is of little use to you. You can send DV's out until you run out of ink, and it is NOT going to stop collection efforts. Also, collection violations DO NOT provide you with a defense to the underlying debt.

But yes, you should send the DV to the new CA, and every new CA that gets this account.

Rintaro
01-21-2008, 10:05 AM
Debt validation won't stop a lawsuit.
If the debt is old and has passed through multiple agencies, odds are they can't validate.
What exactly are you trying to accomplish? Do you have a plan "B" if they just send some verification that just includes an amount and the creditor?

Aside from showing amount and creditor doesn't the CA that obtained the debt have to prove that they are legally allowed to collect ( say the bedt is past statue) ? Don't they have to prove it is Not past staue or is i the debtors Burden of proving the debt has indeed past statue. If the debtor has burden of proving a debt has expired SOL then How does a debtor go about proving that?

keepmine
01-21-2008, 10:20 AM
Aside from showing amount and creditor doesn't the CA that obtained the debt have to prove that they are legally allowed to collect ( say the bedt is past statue) ? Don't they have to prove it is Not past staue or is i the debtors Burden of proving the debt has indeed past statue. If the debtor has burden of proving a debt has expired SOL then How does a debtor go about proving that?

There is no definition of validation in the FDCPA.
The other questions you raise would be part of discovery should you get sued.
For starters, you need to get your credit reports and see what is showing for dates of first deliquency. Also, do you have any old dunning letters that are dated?

jp2861
01-21-2008, 12:18 PM
Aside from showing amount and creditor doesn't the CA that obtained the debt have to prove that they are legally allowed to collect ( say the bedt is past statue) ? Don't they have to prove it is Not past staue or is i the debtors Burden of proving the debt has indeed past statue. If the debtor has burden of proving a debt has expired SOL then How does a debtor go about proving that?

They don't have to prove they own the debt to collect. Amount of debt and name of creditor is all they need to provide, as per Section 809 of the FDCPA.

Even if it's past the SOL they can still try to collect in a non-judicial manner. They can even try to sue you, and they do try. SOL is only good if the debtor uses it. ie: showing up to court and defending himself.

Account statements are your best proof to track when you went delinquent or any other transactions.

jp2861
01-21-2008, 12:27 PM
What if I DV Midland and then they try to sue me without responding to my validation request?

I know i am still within the sol and was wondering what my next step should be. Should I DV this CA as well see what happens?

They can still initiate legal actions prior to validating the debt. Sending them a DV will stop collection attempts until validated, but doesn't stop them from getting the ball rolling to sue you.

Like someone else mentioned, you need a game plan. Sending out useless letters won't stop these folks from sueing you.