Desperate in Tennessee need advice!

[tiredmimi]

I received a letter from CLIENT SERVICES, INC. re: Citi ATT cc account stating my account is in pre-legal status, and they are doing an asset/property search and employment verification. It also states I have 30 days to dispute the validity of the debt, or they will obtain verification or obtain a copy of a judgement and mail me a copy of such judgment or verification. Can anyone help me with this? This came via regular mail not certified. Does this mean they have a judgment against me already or what? Can they garnish my wages without going through the courts? PleASE I NEED HELP! Don't you have to be summoned to court for a judgment process. I don't understand the judgment, garnishment of wages process. Any help would be appreciated. I also need help with the letter you send to creditors regarding no phone calls at work or home.

[tigergem]

It's a collection letter, first contact and you have 30 days to dispute the validity of the debt, not something to really freak out about. I would definitely hold on to a copy of that one, though, because it sounds like this company might be ok with violating the law in their collection process. So even though GOOGLE IS YOUR FRIEND and you can find this information yourself pretty easily, I am giving you a DV letter to respond with. The original of this DV letter is really overkill, I toned it down a little bit, because the original version is really over the top threatening, but you can use it. Me, I would wait until 14 to 21 days after the date of their letter to send it by certified mail. It won't stop the lawsuit process, but it should stop them from harassing you on the phone.



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX

To Whom It May Concern:

This letter is being sent to you in response to your notice dated xx-xx-xxxx. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

* What do I need you to provide as the debt validation.
* What the money you say I owe is for
* Explain and show me how you calculated what you say I owe
* Provide me with copies of any papers that show I agreed to pay what you say I owe
* Provide a verification or copy of any judgment if applicable
* Identify the original creditor
* Prove the Statute of Limitations has not expired on this account
* Show me that you are licensed to collect in my state
* Provide me with your license numbers and Registered Agent
* Proof that the collection company owns the debt/or has been assigned the debt.
* Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.)
* Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.)

If your offices are able to provide the proper documentation as requested, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

I would also like to request that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.


Best Regards,

Your Name Here.

[flyinbroke]

Cool. I can use this and cut more out of it. The CA lists the creditor and the amount (which is the same amount on the bill that the OC sent the same day...double whammy here?) but I looked them up and although they have a Houston office, according to our secretary of state website they are not bonded to collect in this state. I presume this counts even though they are acting on behalf of the OC.

[tigergem]

Yeah cut as much out of it as you need to. I've never heard of getting a CA letter and an OC letter at the same time before. Is the OC a parent company of the CA, by any chance? Sometimes they have different divisions that are established as separate entities.

[flyinbroke]

The OC sent me a monthly bill, not a letter. I got a CA claiming to make collection efforts on behalf of OC and request PIF to the OC address.

Not sure if they are part of the OC, but they are on Bud Hibbs' s***list of CAs to avoid doing business with. THey are also, according to SoS, not bonded to collect in TX.

[tiredmimi]

My letter has Client services inc/citicards as the recipient under mailing address. The 1st paragraph of my letter states the above account has been placed with our organization in a pre-legal status for payment in full. Due to the terms of your agreement, our client may take legal action against you. Pre=legal agencies are required to conduct an asset/property search and employment verification at the same time collections are being made.
at the end of the letter under the signature that this communication is from a debt collection agency. Thank you tigergem for the letter, I am very new to this and I know I have a lot to learn. Please tell me where to look to find out more about who this is. I am in Tennessee, and I don't see many people posting from Tennessee on this website. Right now I am very scared, and very very depressed, and don't know which way to turn. I just got online, and started messing around with our tax returns, and it looks like we are going to owe the IRS 7100 dollars as a result of taking out of my 401k earlier this year only to keep our head above water for a short time. The creditor that sent the letter above is only 1 of many, so I really appreciate anybody taking the time to help me.

[tigergem]

IT IS A COLLECTION AGENCY LETTER. All collection agencies are basically the same whether you are in Tennessee or Timbuktu. Doesn't matter.

Some are worse than others. Client Services, Inc. happens to be one of the worst with threats and strong arm tactics. What do you mean find out more about "who this is"? It's a collection agency! Didn't they give you an address to respond to?

Respond with the letter I gave you.

[WhatMoney]

Your collection letter is just boilerplate for the initial contact. The word judgment is mentioned because that is in the recommended initial comment required by the FDCPA. You do not have a judgment or are even close to one. Some collection agencies purchase unsatisfied court judgments and attempt to collect. Some judgment holders transfer their judgment to a CA so the CA can legally subpoena and attempt to collect. Usually the judgment holder and the CA split any money collected. That is why judgment is in the initial boilerplate. You only have a debt so far.

You can DV the CA. All they are required to send you is the identity of the original creditor and the amount of the debt (something you already know). The rest of the demands in the Internet DV letter just make the collectors laugh. Take them all out, except identity and debt amount, because that's all they need to send you. They are supposed to cease all collection efforts once they receive your DV letter, until (or if) they answer it. They can still sue you however.

You can keep the "do not telephone me" section in there, and they may stop calling you. That's why you must send it certified return receipt - so you have proof of your request in case they continue.

About them:

CMS operations include full-service facilities in St. Charles, Missouri and Denison, Texas with the flexibility to staff hundreds of skilled agents 24 hours a day seven days per week with the operational ability to effectively handle a mix of more than 10,000 inbound and outbound contacts per day.

You are just another number among thousands they contact every day.

http://www.clientservices.com/

And debtors comments about them:
http://www.debtconsolidationcare.com...tservices.html

To actually sue you they would need to hire a law firm licensed in TN, and send you a summons - unless you have non-exempt assets they can find they will probably just go away.

[tiredmimi]

I do plan to use your letter again thank you!

[tiredmimi]

Thanks for your information. I have sat here all day sad, depressed, and crying because I don't know which way to turn. You make me feel like it is not such a panic situation even though I do need to make some decisions about what to do. I am very overwhelmed. I also am not very educated when it comes to legal matters. My occupation is in healthcare, and I can take care of patients all day.

[tigergem]

Just be sure when you send it, send it certified mail. If you are too busy with work to get to the post office to do that you can send certified mail online at

http://click2mail.com/?USPS=1

It's a little more expensive than doing it directly at the post office, you could do it right now and have it done instead of sitting there crying and being depressed about it.

[flyinbroke]

Oh yeah, maybe a touch of paranoia but do NOT sign your name to the DV letter. It is not uncommon for CAs to forge paperwork with your signature on it. You are screwed when that happens...odds are they don't have any of the paperwork beyond what the OC told them...or even less if the OC sold it.

Even if you know you owe this amount, make 'em work for it. Don't give away a single thing.