Help! I need to respond to creditor ASAP!!

[HHM]

Maybe it creates an argument to toll the SOL or that cashing the check acts as some defacto acknowledgment of a debt. I will need to think about this and ask around.

[BigJohn]

That seems an odd tactic though. Unless they have a judgment upon which they can execute a garnishment, the banking info is of little immediate value. I suppose it helps to make a lawsuit more palatable for an attorney to take.

You got a point. They had no judgement. It still makes me wonder why they sent me a check for $.23.

[HHM]

That seems an odd tactic though. Unless they have a judgment upon which they can execute a garnishment, the banking info is of little immediate value. I suppose it helps to make a lawsuit more palatable for an attorney to take.

[StartingOver08]

The hope is that you deposit the check into your bank account and then they have all your banking info to snatch some payments from. I had a JDB that sent me a $35 check for "Return of Fees."

Exactly right! Besides for $0.23 that check represents move of a victory in its present form...I would not take the chance to deposit it no matter what the amount is!

[BigJohn]

Come to think about it, the restraining order was good for a year. I received the check right after the restraining order expired.

[BigJohn]

The hope is that you deposit the check into your bank account and then they have all your banking info to snatch some payments from. I had a JDB that sent me a $35 check for "Return of Fees."

I suspect you are right on this one. I did a search on the internet in regards to this creditor and I found a lot of people who contested what they were being charged but I could not find one person who won. Nasty people.

[Bell30656]

The hope is that you deposit the check into your bank account and then they have all your banking info to snatch some payments from. I had a JDB that sent me a $35 check for "Return of Fees."

[BigJohn]

No one is saying "not" to send the DV letter, but I was trying to reorient that expectations. If it is a business debt, Federal Law provides no direct remedy for you. However, you can always seek a restraining order (if you want to go to the trouble) if the entity won't send you proof.

Big picture, you cannot DV or C&D your way out of debt.

Not much trouble, a restraining order only takes 15 - 30 minutes to get.

The first restraining order I got put a stop to their calls and then about 1 year later, they sent me a check for overpayment with no explanation. The check was for $.23. I saved the check. Never did figure out what they were up to.

[HHM]

No one is saying "not" to send the DV letter, but I was trying to reorient the expectations. If it is a business debt, Federal Law provides no direct remedy for you. However, you can always seek a restraining order (if you want to go to the trouble) if the entity won't send you proof.

Big picture, you cannot DV or C&D your way out of debt.

[Bell30656]

One time a really stupid junk debt buyer sent me a dunning letter that included a Reply by Mail envelope, postage paid... I taped it to a brick and mailed it from the post office. The mail clerk was laughing so hard she almost dropped it.

[BigJohn]

Under what provision of what law are you given the right to demand a DV on a business debt? You can ask for one but the FDCPA does not apply. You can't even C&D a collector on a business debt. You fall under contract law and those disputes are generally settled in court. I am sure there are some state specific laws that may apply but not the FDCPA.

If somebody claims I owe them money, I ask them to prove it. If they can't and they continue to harrass me, I tell them I will get a court order to stop them from harrassing me. So far I have gotten 2 court orders.

If you ask for proof and the person refuses to provide proof, that should provide ample proof to a judge that the person has no claim(s) and may be just harrassing you.

[soleprop]

lol, we're a devious lot.

[Bell30656]

Better yet fax them a couple of sheets of black construction paper ... toner cartridges are a lot more expensive than paper.

Oh boy, a new idea!

[catleg]

A junk debt buyer called the switchboard for my company and got my personal fax number at the company. Then proceeded to fax me numerous copies of demands for payments with cover sheets and lots of extra pages. They would fax this stuff at night over and over each evening after 5 but before 8. When I spoke with them on the phone about ceasing the faxes their reply was that until the debt was paid they would continue all forms of collection activity to include fax communication.

The next night I went to my office after midnight. I wrote a cease all communications letter to them which I would mail certified the next morning. Then I took the coversheet and C&D letter taping the end to the beginning. I started that thing faxing to them, it ran until morning. I've never received another fax from this company.

I'm sure they were not happy in the morning with that pile of paper in the outbox... I figure it ran out of paper after 500 sheets or so.

Better yet fax them a couple of sheets of black construction paper ... toner cartridges are a lot more expensive than paper.

In fact if you can print whatever letter you wish to send as white letters on a black background...that would be ideal.

[BigJohn]

As far as I can see, a person can do a DV (debt Validation) any time they want, and this should apply to business debts also.

If somebody says you owe them money, one of the first things a person should do is try to get to the bottom of the debt (debt Validation) DV.