Help with Weltman,Weinberg and Reis

They are friggen losers!!! I got there a**. I filed for Bankrupcy emptied my bank account and put stop payment on the checks. All this because first of all the gut I talked too couldn't speak english and he wouldn't put it in writing that I would get my DL back.

Hounded me and my dad (still are actually) for a credit card my mom had.  She passed away and the account was closed  my dad nor I were listed on the account or authorized users of the account.  Scum and worst of the worst.  Wouldn't be surprised if they had someone in their boilerroom get this thread started.  They contact you, get a lawyer, don't even try to talk to them.

Just received a 'letter' from WWR indicating an intent to pursue a lawsuit for $1800 (oddly credit card limit was $1000---apparently some additional fees were added on...).

 My question is what action should I take with them at this time.  I am currently unemployed and have been for several years which is how this became an unpaid debt.  I tried to make payments as best I could while on unemployment...when that ended...my ability to pay also ended.

I have done some research....it would seem that I am 'judgement proof' by being unemployed.

 Should I write them a certified letter with return receipt letting them know that I am unemployed and lack the absolute ability to repay?

do not send a personal check go with a money order.....your check has a lot of info on it....if for some reason you are late-they can freeze your account and take all you have in the bank! if they have your info-change banks!

If you are sued for recovery it will be for disobeying the terms of your lender contract. Inability to pay is not a defense for that. Your lack of cash flow is not going to prevent an action against you. These suits are filed on speculation, hoping to place a lien on your tangible assets and/or sink a meathook into your earnings if you ever do regain employment.

What you send in your written reply depends on where you are in your relationship with WWR. If this is the initial dunning letter and you've not yet burned your 30 days or made any written response, dispute the claim, request validation, and set your "convenient" terms of contact, as one should with any collector. You can do the same three things past your 30 day dispute window, but a determined collector is no longer required to validate. Getting a dispute on paper is useful in any case.

My replies to Rachel Hayden and Melody may in part apply to you:

https://800notes.com/forum/ta-1dca23ad2240d24 ... 395937337313326
https://800notes.com/forum/ta-1dca23ad2240d24 ... 206702426134629

} additional fees were added

Another artifact of your card contract, which very likely grants WWR power to enforce its interest rate terms and layer on fees. State law also can permit shifting their cost of collection to you. Inaccurate calculation of that rising total is part of what you look for when seeking weakness in a debt claim. Watching for bad conduct makes up much of the rest.

I have established no relationship with them and have had no contact...at this point the letter is saying that there is a lawsuit being filed and I 'should expect to see a summons and complaint from the court in the furture".  Burying my head in the sand is apparently not the correct , responsible action.

I am inclined to send them a letter, I don't know what time frame I have available to me but I have not yet disputed it, honestly, I have not seen other communications from them.  I am sure there have been phone calls but I typically don't take calls from numbers that I don't personally know....regardless of the nature of call.

It sounds like they are pretty relentless and I suppose, if it means I have to go to court, I guess I have to...just wondering what the smoothest path is to avoid them snowballing this.

Even for WWR it seems abrupt to rattle the lawsuit saber at the starting gate. That kind of collection letter typically comes when you've not responded to prior contact. You'll need to be positive you have not missed any dunning mail in some nondescript envelope. If this really is your first contact, you should see language borrowed from the FDCPA about having 30 days to "dispute the validity" of the debt claim. The absence of that "mini Miranda" in the first contact violates the same law. The presence of that language in the same letter with some kind of lawsuit threat creates a different violation known as "overshadowing", meaning that the threat of litigation is calculated to dissuade you from enforcing your rights.

WWR could be bluffing, but in your place I would "go to DefCon 3" and begin constructing your defense platform with anything that gives you leverage. I could go on at length writing "if/then" conditional paragraphs, but it may be simpler to conduct a risk assessment. I gather this is card debt with your name on it. Without revealing actual dates or amounts or where you live, the following details will be useful:

- Month of default on the account
- Your state Statute of Limitations period on Open Accounts
- Collection history (Have others tried to collect the same account and when?)
- Ownership of account  (held by the original creditor or a debt buyer)
- Ability for WWR to sue you directly  (You'd have to reside in one of its practice states.)
- Terms of the arbitration clause, if any, in your card contract  (key items being the acceptable forums and your ability to invoke the clause)

It would be wise to gather and save any recent phone records and begin documenting your future calls from unrecognized sources. You're not required to answer WWR if it calls, but be aware that collectors are most prone to creating legal violations by voice.

-- homework assistance --

http://www.weltman.com/about/locations/

Statute of Limitations on debt
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
http://www.carreonandassociates.com/articles/sol.htm

CFPB database of credit card contracts
http://www.consumerfinance.gov/credit-cards/agreements/

Fair Debt Collection Practices Act
http://www.ftc.gov/os/statutes/fdcpajump.shtm

I will extend Res's usual excellent reply and add that while (truthfully) telling them you have no ability to pay due to extended unemployment and no future prospects might make you look less interesting to them, you must be careful to avoid making an "admission against interest".  

Statements like, "my only income is $200 a month from an annuity I inherited and my car needs work" would tell them that there is $200 a month annuity and a car that they might be able to go after.  Anyway, I'm sure you get the idea.  Be careful what you say.  And Res may have covered this, but don't admit anything about the debt - make them prove its legitimacy.

You are right about burying your head.  No sense in giving them a default judgement.  Of course, if they are threatening legal action as a way to bully you, as Res touched on, this would not be "according to Hoyle".

Read the law, and read some more.  Once you have a handle on things, if you don't like how it is going, you might want to get a lawyer in the mix.  Since I gather you are financially indisposed, try legal aid, or perhaps a free initial consult with someone who does not advertise on TV.

Good luck.

WE are getting calls and letters from them also, but it is for student loans that we co-signed with my son who got laid off from his job and is having a hard time finding a new one. We have been sending them regular payments each month and they still call and send letters. I have never sent anything but money orders, and send them via certified mail, return receipt requested. I have kept records of everything. Now they are calling over and over and over, which I don't get since they get money from us. Do you think we need to get a lawyer?

Assuming "they" are WWR, I take it you've not read state and federal collection practice laws as promoted multiple times in this thread. I don't know if you began paying the collector without a fight -- something to avoid as discussed a month ago -- or if your son is in post-judgment. Either way WWR must still answer to the FDCPA and whatever rules your state imposes.

You and your son have total control of when, where, and how contact is made regarding the loan account. A notice sent CMRR with your ''convenient'' contact preferences will be enough to invoke FDCPA protection without bothering a lawyer. As one example, you could say to use only one mailing address, use one given phone number, and that your convenient times are 11:00 to 16:30, Tuesday to Friday. You could also knock off the phone calls altogether. It's your valuable time, your decision.

DO NOT send a full cease-communication notice as advised by too many careless "fix your debt" sources. You want at least one channel open. Either of you as co-signers can be dragged into court over this if you haven't been already. Without a convenient way to reach a debtor, WWR must get a judge to help them collect.

If we're talking about debt pre-litigation, it's not too late to dispute the debt claim. You can do that in the same letter that sets contact restrictions. Since student loan debt attracts a rather high volume of abusive collectors, it's only a matter of time before your rights are ignored and you might have to seek legal relief. That dispute helps lay the flooring. It's technically far too late to demand debt validation, but it won't hurt to ask.

Meanwhile, extend your careful record-keeping habit to archive all letters, log Caller ID entries, and make contemporary notes on every collections call. Audio recording of calls may help, too, so long as you observe your state consent rules. This material may also help in an escalated dispute. You have the start of a case if it can be argued that WWR hassled you two with excessive phone calls despite your polite compliance. If they won't quit being annoying after your letter, it will be their turn to sweat when named as "defendant".

I dealt with them and informed them of my pending BK and have not received anymore calls.

They also stopped contacting a family member after receiving a DV letter--which they never responded to.

Amazing....

Okay, needing advice/info on how to deal with these people.
I had a Discover card for 8 years. At around the 6 and a half year mark I pitched a fit with them that I should get the 2.9% interest that they were offering to new customers. They had me at 12%. Anyways, they went ahead and granted me the 2.9. However, my balance of 8,200 (had a 15,000 credit limit) would still be at the 12% but any new purchases would fall under the 2.9.
About 3 weeks later hubby and I decided to go on a cruise so I went to book it using that card. Denied.
Called Discover to find out that they had checked my credit and due to my amount of debt they lowered my limit to $8,300. I pointed out that it was less debt than the past 6 years and I was never late on any payments, so WTH? Nope, sorry wouldn't budge. So, used our AMEX instead.
About  4 months later I went to make my online payment as I always had, but due to it being 5:05 pm, it was counted as late so now my interest rate went up to 21%. 5 days later so did my credit limit go back up to 15,000. (Nothing had changed in regards to my debt ratio) 2 months later I went to make my online payment but their system was down to process payments. So I called them. Was on hold for over 45 minutes. Both of these things happened for over 2 days. One time I was on hold for close to 2 hours. I never got through to a rep. At this point, I was fed up with them and never made another payment.
I have since moved to another state, but because of bank accounts I opened, etc., they got my new info and I recently got the letter from them saying I have 30 days to respond or they are taking me to court. They do not have an office in my state, so I am guessing they will hire some Joe Blow to go in.
Questions are these. Do I call Discover and see if they will do a settlement with me? I got a credit report and it shows Discover has done a charge off so I do not know if it is possible or not.  2) I own a couple of properties, (in different states) etc., can they put liens on them? Should I remove my name from bank accounts? Do I show up in court and what can I do or bring? The amount that they have on what I owe is ALOT  more than what my balance had been, but I do not have the info any longer. Thanks

Dispute the debt ASAP and before the 30-day deadline before you agree to pay them anything. Send it VIA certified mail and request a receipt. They have five days to respond or the debt is null and void:

Okay. Should I have it notarized as well? I just did a credit report, and have 14 pages of current and also closed accounts that are either paid with never being late, and all of my current,  that are all are being paid on time. Nothing negative except a couple of medical bills. All current loans, credit cards, etc showing on time payments for the last 2 years. All the others are closed accounts showing how I always paid on time. Personally I do not give a rat's butt about my credit rating as I have/own everything I need. I just don't want these pishers getting into my bank accounts.
Also, it clearly states on my report that Discover has this as a charge-off so WWR had to have bought it.