Help ...got a notice from a law firm
Date: Thu, 12/31/2009 - 12:12
Okay, I have to admit I'm scared.....can anyone give me any advise.
They are located in Missouri and an internet lender.
Thanks!!
You REALLY need to send them an official request for debt valida
You REALLY need to send them an official request for debt validation in the mail, certified return receipt requested! Do it right away, you only have a 30 day window to dispute that debt. They have to cease any and all collection activity during the validation process. Make them follow the FDCPA, educate yourself so you can sue them when they violate the FDCPA.
I am drafting the letter now, thanks for getting back to me so q
I am drafting the letter now, thanks for getting back to me so quickly. I also read the post about filing with the Consumer protection agency in their state, which I just finished sending that complainant.
I have another question, I'm sending the letter to them, but am
I have another question, I'm sending the letter to them, but am I going to end up owing them $875, when my original loan was only $300. What happens after they validate the debt, and it will most likely still be in dispute by me.
Sue, if this is a illegal pdl they wont be able to validate the
Sue, if this is a illegal pdl they wont be able to validate the debt. By law they have to validate it. Send your letter. What they are really hoping for here is you panic and call them and you pay them money. DONT DO IT... I know there are more people here that know alot to help you. Just keep asking questions. You will make it.
If this firm is representing an internet PDL, the chances of the
If this firm is representing an internet PDL, the chances of them being able to validate the debt is from very small to absolutely nada. Your request for validation should request proof that you owe what they say you owe, including a detailed explanation of how they derived the alleged total they say you owe. You should also request proof of licensure from both the PDL and the law firm who is attempting to collect.
Quote:Originally Posted by AnonymousI have another question, I'm
Quote:
Originally Posted by Anonymous I have another question, I'm sending the letter to them, but am I going to end up owing them $875, when my original loan was only $300. What happens after they validate the debt, and it will most likely still be in dispute by me. |
The chances are slim to none that they will validate the debt. Please make sure you file complaints against these collection attorneys if they violate the FDCPA. They might try to send you documentation pertaining to the loan but that isn't proper validation.
Section 809(b) "Validation of the debt" requires debt collectors to obtain verification of the debt from the creditor and mail it to the consumer.
The lender is Emergent Funding, LLC they are based in MO, which
The lender is Emergent Funding, LLC they are based in MO, which they are licensed in that state. The letter I got is from their attorney. I am sending the debit validation letter, but my question is what if they do send me a notice on what I owe them. The loan I took out was on $300, and I had paid $150....I'm sure their $875 included attorney fees and such. I know what the laws say in this state, but I'm just worried that I'm now going to need an attorney.
Thanks for everyone's support here.
Can I ask who the attorney is? Just because the letter states "l
Can I ask who the attorney is? Just because the letter states "law office or law firm" doesn't mean its an attorney. The law states that if a company or attorney threaten suit they MUST follow through. You need to check Missouri Case Net and see if your name is there and if the creditor has filed suit using the law firm. There is a Missouri statue that I can get to you that you need to fill out if they have sued you. Its called "Request to Produce Documentation" this form is used in Missouri law to make them produce original documents that you owe this debt. I can also get you a form asking the judge to dismiss the case for failure to produce docs. I would guess that this firm is also a collection company which there are case law for them as well. Again what is the name on the letter and we can help you further. I am not an attorney and this NOT legal advice. You do need to contact a licensed attorney for any legal advice. If they are a collection agency Contact Larry P Smith for legal help. Very good law firm for consumers.
The Austin Law Firm, L.L.C. My name isn't listed on that site.
The Austin Law Firm, L.L.C. My name isn't listed on that site.
Quote:Originally Posted by AnonymousThe lender is Emergent Fundi
Quote:
Originally Posted by Anonymous The lender is Emergent Funding, LLC they are based in MO, which they are licensed in that state. The letter I got is from their attorney. I am sending the debit validation letter, but my question is what if they do send me a notice on what I owe them. The loan I took out was on $300, and I had paid $150....I'm sure their $875 included attorney fees and such. I know what the laws say in this state, but I'm just worried that I'm now going to need an attorney. Thanks for everyone's support here. |
They wouldn't dare walk into a court of law, do you realize what would happen to them if they did? The judge would throw them out on their butts, especially after the judge learned they are providing loans for your state residents without a license in your state, that is all you would ever need to say to a judge, and it's exactly what you should say to the collection attorney.
Thanks Shazzers, I appreaciate all your help and support, it jus
Thanks Shazzers, I appreaciate all your help and support, it just was a surprise how fast they sent me that letter. They went straight to that, and didn't even try to contact me about anything. It's funny to see all the different methods they each use. Some haven't contact me at all. One went straight to the attorney, I did get one PIF notice. And there is one is doing the full court press on their collections. They keep sending me the same form letter. It's clear that is all they have the power to do, or they would have gotten the message by now that I'm not backing down.