Amy Elizabeth Clark Kleinpeter's Answers

I need to send a debt validation letter and was wondering if it should be detailed like this sample?

I am so glad you asked this question. My answer is No, please don't send anything like this, it barely makes sense. Fake legalese like this is just so unnecessary. Just write clearly in English. Just say "I am requesting validation of the debt" and include any account numbers (there are often more than one account number, one from original and another from collector or debt buyer). Maybe send a photocopy of the notice sent to you. Then send it certified mail, return receipt...

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Can a debt collector come on your job and threaten to have you arrested and can they call your work place

No, this violates the federal debt collection procedures act (FDCPA) as well as state laws which differ by state, but often include invasion of privacy. It also sounds like assault, both criminal and civil. Any collector doing that may be hard to get civil remedies against -- at least tough to collect money from. I would suggest you get a police report, a restraining order, and then see a consumer attorney in your area about any consumer claims. Is this a payday lender?

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Deb Buyers have accounts, is CHAPTER 7 an option? Thank you.

Chapter 7 is bankruptcy. There is no negotiating of balances on unsecured debt in a Chapter 7. You seem to have gotten a lot of misinformation. I would recommend you seek a consultation with a consumer bankruptcy attorney. I would look for an attorney who was with the National Association of Consumer Bankruptcy Attorneys.

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Should I be worried that an unsecured judgment creditor will send the sheriff to take our furniture? (California resident)

No, but you would be wise to take steps to deal with the judgment one way or another. It is impossible to predict what will happen next, but in my experience there are three main things the owner of the judgment will do in California. (1) Levy your bank account. You will not be warned about this. (2) Garnish your wages. You may or may not find out about this before it happens, but usually not in time to stop the first garnishment. (3) Serve you with a notice for a "Debtor's...

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Levy on bank account

Are you working? If so, garnishment may be coming next. I understand the 30 days is not much time when you are trying to keep everything else in your life together and deal with a lawsuit, but you do have to deal now. Garnishment is very strict and can result in your paychecks being too small for you to live off of.

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How to answer the AT-ISSUE MEMORANDUM FOR TRIAL SETTING

He is saying the case is ready for trial and that as far as he is concerned, no discovery (asking questions or asking for evidence from the other party) is necessary. http://www.occourts.org/forms/local/l31.pdf This is the document, right? This is a pretty interesting strategy by the collection counsel, I would advise you to talk to a local debt defense attorney and explore your options.

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What happens if I don't go to court for breach of contract credit card debt?

The worst thing LIKELY to happen is they will take money from your bank accounts. Often the collectors hit the account right after payday and that can be very damaging, as you can imagine. I have seen a collector try to foreclose on a house for a credit card judgment in San Gabriel Valley, so technically that can happen but unlikely, especially as your house is already encumbered by at least one mortgage and may not have much equity. So the risk of the credit card judgment being used to take...

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Fraud / Misrepresentation

Fraud can occur when the person pushing the sale lies to the consumer --that may have happened in this case. What is a "salad master consultant"? Was your aunt promised something along the lines of "90 days same as cash" and then interest added? That would be fraud. The problem your aunt is going to face is that I cannot imagine how much a salad master costs, but I am betting it is below $1000. When a company defrauds a consumer and the result is a small amount of damages, it may be...

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Attempting to collect a $26,330+ judgment and the Debtors filed a motion to set aside the default judgment on Jan 10, 2012!

I think you need to hire counsel, even if just hourly for advice. There are way too many complications here for you to be getting advice on the internet.

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Debt collection - Question about debt collector messages: How strong is the disclaimer they left on my relative's voicemail?

No easy answers here -- if you want to file a lawsuit, you should get a lawyer. I think it is pretty common for consumer attorneys to just request a low amount of fees or no money up front, so you should be able to find someone for a consult and then they can decide if the case is strong enough to file. Personally, I don't like calls to relatives or friends when there has already been a communication established with the debtor. The law is clear that calls to third parties (like relatives)...

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