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old debt coming back again Florida

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  • old debt coming back again Florida

    About 10 years ago I had about $6k in credit card debt (one credit card). After several rough years I pulled it together and started paying off all old debt. I had paid off EVERYTHING except for this one debt. About 6 years ago I was contacted by a company that bought that debt and I made arrangements to pay off $150/month and that no interest or penalties would accrue. I was just paying off the actual debt. They had a direct draft from my bank account and this went on for just over 2 years.

    Then the drafts stopped, I couldn't reach the company by phone and my letters just went into a black hole. I figured they must have gone under or something and after trying to reach them for several months I just went on with life.

    Then I got a letter from an attorney's office about 2 years ago for demand of over $12k! I called and found that it was from this old credit card debt. I sent them a letter debating the debt with all the correct regulations cited and sent it certified return receipt. I received a letter from another attorney at their office confirming they received my letter and I'd get a reply soon. NOTHING from them ever again.

    Then today I got another letter from a different law firm for demand of over $16k!

    I'm guessing it's time for me to get an attorney, right? Or is there another step I should be taking? I have copies of the letters I sent and the signed receipts of delivery. I know I should probably research the actual laws that regulate credit debt but I'm not sure where to start and feel very overwhelmed. Any help anyone can give will be greatly appreciated.

  • #2
    You can talk to an attorney or you can try first sending this law firm a letter (CRRR) asking for validation of the debt & see what (if anything) you get.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


    • #3
      Asking for validation is a good idea, but because the law firm is only rep'ing the collection agency they're allowed to reasonably rely on the info their client gives. You'll most likely get a standard "we received your request. . . our client confirms you owe the money. . . the original creditor is. . ."

      Based on how you describe this, depending on the date of your last payment there may be a statute of limitation issue. If the SOL is past, if the law firm actually threatens legal action that would be an FDCPA violation. There may also be violations of the FDCPA due to the amounts jumping so drastically and strangely. Find a NACA attorney in your state. Just google "NACA" and you'll find the site. Consult will be free, and if they can help all the attorney fees are paid by the collector. Feel free to contact me if you like. I could at least point you in the right direction on what to look for and also what questions to ask any local lawyer you consider hiring. Remember, you're not really defending the debt obligation in a DIRECT way, but bringing an FDCPA claim is easier, actually pays you damages for their illegal activity, and would likely eliminate debt which is your ultimate goal.

      Chris Gonko
      Scrimshire, Martineau, Gonko & Vavreck, PLLC