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When Can You Dispute a Collection Debt

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  • 11-24-2012, 05:34 PM
    Hope2601
    When Can You Dispute a Collection Debt
    My question involves collection proceedings in the State of: Wisconsin

    I found out that I am being sued for a debt with Capitol One. This debt has been passed around to many different credit agencies. The current agency only has had for the last four months, at most.

    I have not been served any papers to date. Have court on December 10th. I realized I was being sued after the plethora of mailings from attorneys to contact them regarding my lawsuit. I thought it is either a fluke or something is going on! I looked on the WI CCAP to find that I have a lawsuit that the Summons & Complaint and affidavit of mailing were filed with the court on Nov. 12. I wrote a letter to the lawfirm/collector asking for the original date, Proof of claim, etc.

    They responded with
    Amount of Debt: Principal balance 1,122.66 Interest 226.83
    Name of Creditor: LVNV Funding--successor to Capitol One
    Original Creditor: Capitol One, the address, original account number
    Date Account was open 12-23-04
    Date of charge off 2-12-08
    Date of Last Payment 11-5-08

    They sent me copies of 4 statements
    Aug 07- Sept 07
    Activity of: Past Due Fee & Overlimit Fee (78.00)--with a note behind 2 payments
    Sept 07 - Oct 07
    Activity of: Past Due Fee & Overlimit Fee (78.00) -- with a note behind 3 payments
    Oct 07 - Nov 07
    Activity of: Past Due Fee (39.00)-- with a note behind 4 payments
    Nov 07 - Dec 07
    Activity of: Past Due Fee (39.00) -- with a note behind 5 payments
    Dec 07 - Jan 08:
    Activity of: Past Due Fee (39.00) -- note behind 6 payments

    I am not sure what these copies of statements are suppose to do -- purpose on their behalf. If I didnt shred everything, I'd have this paperwork.
    How can my account be charged off--even though I made a payment after that?
    I have no proof of my last payment -- shouldnt they show me copy of this said payment?
    Don't I have to physically sign and receive my papers, before they can file and start this judgement?

    They also wrote that pursuant to 15 USC 1692(g)(b), I was required to request validation of this debt in writing within 30 days of receiving the demand letter and validation notice. Nevertheless, please find copies... What Demand Letter & Validation notice did I receive? I did receive notices from them in October (last one 10/24) just stating please contact our offices...failure to do so...and I was going to contact them in February after I received my taxes to settle and continue to clean up my credit.

    Also, I worked with a credit company in Sept of 2011--and I/we never received anything from them either disputing, clearing it up, etc.

    I am so confused!
  • 11-24-2012, 08:07 PM
    mmmagique
    Re: When Can You Dispute a Collection Debt
    You need to read (and comprehend) the FDCPA, and the FCRA in order to understand your rights and obligations and the creditor's rights and obligations.

    The papers they sent you are validation-much more than they are required by law to send to you. And yes, they are correct, you are supposed to request validation within 30 days of their first contact with you requesting payment. After that, they are not even required to send it to you.

    You need to keep track of your date of first delinquency. They are not obligated to share that with you.

    Yes, you should be served in a reasonable amount of time before the court date. Many jurisdictions use the term "reasonable" in describing when someone being sued should be served. You should look up your jurisdictions rules of civil procedure.

    By law, a creditor is require to "charge off" your account when you become 120 days past due.

    I have no love for LVNV, (they are scum and use scum tactics) but, you don't have much of a defense, (as far as I've seen from what you've posted) but I'd still show up at court, and make sure they don't try to double the amount they say you owe. Collection agencies and junk debt buyers rely on the consumer not showing up to court, even when they have a valid defense. They love to win by default.
  • 11-27-2012, 02:54 PM
    Hope2601
    Re: When Can You Dispute a Collection Debt
    Thank You.

    I just have pulled my Experian and Transunion credit reports.

    Which I think (I have to read more to get a better understanding) there is conflicting information.

    Both reports both list the date my Capitol one was opened was 12/2004; last payment made of 7/2007 and closed on 2/2008. With notes saying purchased by another lender. That lender being LVNV; which says that it was opened in 2/2008 with a payment in November of 2008.

    I do not believe I made a payment. Payment history on the Transunion only goes back to Dec. 2009 and Experian to November 2010.

    If an account is closed/charged off/bought by another lender--does that mean it is "re-opened"
    There is a note "account information disputed by consumer (Meets requirement of the FCRA).

    It is all just confusing. I am still waiting to be served.
  • 11-27-2012, 03:21 PM
    flyingron
    Re: When Can You Dispute a Collection Debt
    Actually, it's 180 days for credit cards (open ended debt), 120 days for close ended loans.
    However, chargeoff is completely meaningless to the debtor.

    It looks like from the statement, your last payment was indeed July 07. Unless you were making less then scheduled payment later.
    It looks like even using that date, you're well within the limitations period.
  • 12-05-2012, 12:09 PM
    Hope2601
    Re: When Can You Dispute a Collection Debt
    When i go to court, if we settle and I dont pay on that (being that there is only about a year and a half with SOL (assuming it would fall off after 7 years -- July 2014) whether it is 600 or 1600 -- what could happen to me? my credit? Has the damage already been done to my credit?
  • 12-05-2012, 12:51 PM
    Lehk
    Re: When Can You Dispute a Collection Debt
    they will get a judgement, and that judgement lasts for some number of years, expect 10 and can typically be renewed after that.

    with that judgement they can garnish bank accounts and wages
  • 12-05-2012, 12:55 PM
    df04527
    Re: When Can You Dispute a Collection Debt
    Settle with them asap to prevent the judgement. A judgement will wallop your credit somewhere close to 100 points.
  • 12-05-2012, 01:07 PM
    Hope2601
    Re: When Can You Dispute a Collection Debt
    so them taking me to court, that is not a judgment?
  • 12-05-2012, 01:18 PM
    df04527
    Re: When Can You Dispute a Collection Debt
    The judgement and ensuing credit crash will happen once the case is heard and they prevail. Before the case is heard, a settlement is possible by working with them. If you reach a settlement prior to the court date they will withdraw the case.
  • 12-05-2012, 02:35 PM
    Hope2601
    Re: When Can You Dispute a Collection Debt
    Well Hopefully they will respond to the letter I just faxed over! Two business days before court on Monday -- wish I wouldve done this before sending a letter on the 16th -- couldve bought more time.
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