deepend
04-28-2009, 06:36 PM
First letter from a CA I've received. :( It's basically just saying if I don't respond within 30 days, they will assume the debt is valid and offering me a discount if paid immediately. This is for cell phone term charges. Strange this one is the first I've seen anything from a CA on since it's the smallest (by a looong shot) of all the outstanding debts??
From other posts I'm guessing because it's small claims and relatively cheap to act on, it's more likely they could actually do something. I own my home, though it's upside down, and still have my job <knock on wood> but that could change any time like it has for so many others.
My question is since I have to wait until September to file and this is a smaller amount, should I DV them or try and make payment arrangments to get to Sept? Is this just the opening shot in a long process?
catleg
04-28-2009, 07:01 PM
The phrase "assume the debt is valid" has no legal meaning whatsoever with regards to the collectibility of the alleged debt, it strictly governs the behavior of the Debt Collector if you do not demand validation within the first 30 days.
It's when you get a summons from a court and do not respond that the debt can turn into a default judgment.
Just for the benefit of the noobs.
It's almost always a good idea to DV/C&D CA's, 99% of the time they go away with no adverse effects, the 1% being when (a) it's an OC or law firm and (b) they intended to sue you anyway.
albacore44
04-28-2009, 07:04 PM
First letter from a CA I've received. :( It's basically just saying if I don't respond within 30 days, they will assume the debt is valid and offering me a discount if paid immediately. I cancelled my cell phones and this is for term charges. Strange this one is the first I've seen anything from a CA on since it's the smallest (by a looong shot) of all the outstanding debts??
From other posts I'm guessing because it's small claims ($800) and relatively cheap to act on, it's more likely they could actually do something. I own my home, though it's upside down, and still have my job <knock on wood> but that could change any time like it has for so many others.
My question is since I have to wait until September to file and this is a smaller amount, should I DV them or try and make payment arrangments to get to Sept? Is this just the opening shot in a long process?
Those cell phone companies are Sharks. they will send you a collections letter a week after you cancel service. got one yesterday for a Sprint account my son cancelled last week. he plans to pay them, but we are going to send them a DV just to mess with them a bit.
jribe
04-28-2009, 07:29 PM
Those cell phone companies are Sharks. they will send you a collections letter a week after you cancel service. got one yesterday for a Sprint account my son cancelled last week. he plans to pay them, but we are going to send them a DV just to mess with them a bit.
sprint! me too! Lol. I had their service her in CA for about 1 week; and found out it was very spotty. So i switched back to ATT. I went back to the store i bought from, and the rep reversed everything, and "assured" me that no other charges would occur on the account. Soon after, i get a bill from sprint for about $100- not saying what for. And sprint has a 30 day try us kind of offer- so there isn't any cancelation type charges. Anyway, they ended up sending me to collections over this, and i was just po'd! I'm filing for BK anyway, so i'll just include them.. but the nerve! lol. they are the first collections i've gotten as well
albacore44
04-29-2009, 06:41 AM
Just flat out dispute it and claim you don't owe and skip the DV part. Along with that make it a C&D also. They will round file it. Other option is to pay it. Often times with debts less than $200 its almost just as easy to clear it off in your case since you have a job and own a house to just clean this up and save all the trouble.
So either C&D and tell them to pound sand or I would consider just paying it. At this point I doubt any fee's have been added yet.
If you dispute it as you say can/will they put a negative mark on a persons credit report ??
treehugger1
04-29-2009, 08:40 AM
If you are going to write them a letter, then simply say I am "disputing this alleged debt." You might as well ask for verification of debt since you would be sending the letter anyway.
In terms of a credit report, I believe they can post a collection account with the note that "consumer disputes." Not sure.
deepend
04-29-2009, 04:18 PM
thanks for the replies; the advice really helps to lay out options to make some decisions. I'm thinking I'll send them a dispute and see what happens next. It's more than $800 so it's not easy to just pay them, but not impossible if it comes to that. You're right - no fees have been added yet. It isn't showing up on my credit report at all yet