How I'm doing it - The tale and resources I've used

Hi!
I've been wrestling with LVNV Funding, aka Alegis Group, aka Resurgent Capital, aka Sherman Financial, Intellirisk, aka Roundtree, Midland, Pinnicle Credit Services, aka Pinnicle Asset & Capital Management Group, Asset Acceptance, Arrow Acceptance, Zenith Acquisition, Unifund, Unifund CCR Partners, Capital Acquisitions and others for about a year now and I am finally getting the upper hand. Now mind you, I would rather not be in this position, and not all are mine, I'm helping some of my union brothers, but it is - what it is.

Working in the movie biz in New York used to be great - still is. But there was a period after 9/11 occurred when nobody was working, especially the blue collar guys. The "star's" who lived in NY and the two "Aussies", who had moved to the city to support it, did their best to bring work to the city. The rest flew in , made a show of it, then got out of "Dodge" for the most part. Personally, I was out of work 19 months in the 27 month period until January 2004 when things returned to normal, only getting a month or so here and there. I had run out of unemployment, maxed out the credit cards, spent my life savings, and borrowed from family and friends when everything else was gone. I was in deep poop as was almost everyone who depended on the Biz. A few of us, even lost homes because we were not "directly affected" by it. Here I have to thank my union local for stepping up to keeping us in health care, but I digress, so back to it.

These guys and and others are the bottom feeders, scum of the earth in my opinion. They buy old, charged off, written off debt for pennies on the dollar and they now own it. They use every dirty trick in the book, counting on ignorance of the law. They will harass you to get you to pay. If you don't, they threaten you with judgments, say they can get a sheriffs sale place liens against property or to garnish your wages . They can't 99 44/100 % of the time, that is, if you know your rights and the laws pertaining to consumer debt. But, what happens is people don't know, thus allowing themselves to be trodden over roughshod. Fight back, do not let them do this to you, they have no legal power unless you give it to them by doing nothing!! Don't feel bad, I'm no expert, but I know where to get the information now, it's in a couple of e-books that were purchased online. I had no idea until last year when the following happened.

In March 2006, returning from a week working on the road, there was a message on my answering machine from a lawyer working for LVNV. It said that they now owned a $ 3200.00 debt of mine and I had better pay up or he was going to place a lien on my home. So I called a union brother of mine who had mentioned just that week, he was straightening up his credit by himself and he told me what to say. (He's the one who told me about the books)
Calling the lawyer back I told him that I didn't know what he was talking about and he would have to validate the debt, not to contact me any way but by mail and a letter would be going out to him in the morning to that effect. He said "Sure, don't worry, I have everything in order and I'll validate the debt on Monday. You'll get a letter in the mail". Well, on that Monday he filed a trespass and assumsit complaint with the local district justice to get a lien.

As I went about my life building movie sets I felt I'd have some time to deal with this not knowing what he had done. However, I returned home weeks later only to pick up a certified letter saying that in 3 days I would have to be in court, I couldn't make it, I would be out of state. On Monday I contacted the district justice's office and asked for a continuance. They couldn't grant it as it was scheduled for the following day and he would not be able to contact the attorney on such short notice. A default judgment was entered. Two weeks later I was at the county courthouse filing a appeal. LVNV had no documentation.

The case has gone back and forth several times since. The last amended complaint they filed they admitted to purchasing the alleged defaulted debt---so I WON!!!!!! You cannot claim remedy ( a lien in this case) for an injury which you inflicted on yourself. (the purchase of the debt!!!)

Here's hoping this helps someone out there. You can get more information on what I did at my personal web page at:

www.tabsystems.org/BT

Thanks for reading

BobbyT

A Few Helpful Do's and Dont's:

Keep good records of all communication between you and the collection agency's or their attorneys. Who, when and what was said. Keep all letters to you or from you.

If they are calling, get the address and inform them to limit all communications to written, ask them to validate the debt. Write a letter stating the same ASAP. If you receive a letter write them back stating same.

Pay them nothing, not one red cent until they can in writing provide all the documents required under the rules of the Fair Debt Collections Practices Act (any payment -- you lose!! You are admitting that you owe the money.)

Never under any circumstances believe what they say -- get everything in writing!


Get one or both of the e-books I've provided links to below-they are a wealth of information.
( I had to use both - you may not have to - depends on your situation. My lawyer even bought them!!)

If you decide to do it Pro Se as I did, find a lawyer who will mentor you. That should cost from $75 to $100 an hour, I've had to pay for only 2 hours so far. Pro Se means "for self" and must be typed after your name below the signature line on any document you sign and submit to the courts if you act as your own attorney or you will lose. ( If it goes that far)


NOTE: I am not a credit counselor just a normal "Joe" , any advice given here I assume no onus or responsibility of any kind.