Legal Question in Credit and Debt Law in New Jersey
Around this same time last year (Oct 28, 2009) I received a phone call from a person identifying himself as "Scott Silver". He would not say who he was or where he was from, only that I owed $6,700 for a Chase credit card debt. They also contacted my mother (in a different state) and my boyfriend (in same state).
I requested that he send me this information and proof of debt in writing. Initially he refused to until I brought up the Fair Debt Collection Practices Act & told him that he was in violation because he spoke to my mother regarding this issue.
He was extremely pushy, but then I received a letter from a company called PayStar/Rebuildyourcredit.org a few days later regarding this so-called debt. They also contacted my mother and boyfriend with separate letters.
I sent them a letter on 11/7/08 stating that I wanted proof in writing of this debt and that they should cease any further contact until they sent proof of the debt being owed. I told them they had 30 days to contact me or I would consider this null and void (sent cert/return receipt mail). I received the return receipt, but never heard from them again.
On November 10, 2009 I received a letter from a debt collection attorney stating that I owed $4,900 and they are listing the same alleged Chase credit card.
The letter states that I must answer withing 30 days or they will authorize legal action.
Why am I now hearing about this again, one year later? What legal steps can I take to resolve this so I do not receive a letter every year regarding this alleged debt?
Thank you.
2 Answers from Attorneys
They probably sold the debt to another company. I suggest hiring an attorney. For only a portion of what they want, an attorney can either make the whole thing go away or make them go away. Call me at 732/247/3340 to discuss.
Attorney Henninger is right. In situations like this, I find out for my clients what it is that the credit card company says is owed and why. If a valid debt that my client will agree to pay, then I try to work out payment terms. If not, then I terminate the letters and phone calls (they should NEVER call your mother, boyfriend etc). If they file suit, I go fight them.
Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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