Sunrise Credit Solutions threatening lawsuit

[debtexecutioner]

Goljan,

You didn't mention when you received this letter. Under U.S. law you have 30 days to respond. If you haven't sent them a letter, you need to do so as soon as possible. I posted a sample letter on the forum under this thread that you can use.

If you talk to them on the phone, you waive your rights under U.S. laws. Any dispute must be put in writing. But if they call and you answer, and they are nasty to you or say mean words, then write it all down! Under the Fair Debt Collection Practices Act, a debt collector is not supposed to say mean or nasty things to a consumer or make threats. Get the person's name and then you can file a complaint with the Federal Trade Commission or the Attorney General in the State where you live. You can also file a complaint with your phone company, for the number the debt collector calls. Any complaint you sent to the authorities, also send to the debt collector. That will shut them up!

Sara

[troubleintx]

I ignored that letter and the subsequent letters they sent -- I haven't been sued by them yet. I guess they still could. Perhaps they have criteria for who and when they sue. A friend of mine was sued by another collector just a few months ago. He received the letter 7 days prior to the court date. He went down to the courthouse 6 days before the court date to ask about the suit and the courthouse asked him to fill out a form stating why he couldn't pay his debts to that creditor. He wrote out a half-page statement to the court explaining that he was unemployed, etc. and the court is delaying the suit indefinitely, at least, for now.

:D "Goljan" -- I like that

[debtexecutioner]

Trouble,

You really will have trouble if you ignore collection letters.
Debt Collectors are having a free for all these days.
The Fair Debt Collection Practices Act requires debt
collectors to send you a 30 day letter giving you an
opportunity to challenge or dispute the debt.

Thing is, the Federal Courts have ruled that a debt collector
can sue you within that 30 day period. Now there's a lot
of hoops they have to jump through to do so as provided
by law, but many of them do sue; get a judgment; and
then start collection activity.

You're blessed in Texas - no garnishment laws.
BUT, getting sued can put a big blemish on your credit.
Take advantage of consumer protection laws and
dispute the debt. Then demand to know the identity
of the original creditor. We have discovered that
just like mortgages, student loan companies have
been selling and securitizing debt. Multiple times.
If they can't prove they don't own it, you don't have to pay.
This is not about being a deadbeat if you can't pay.
But you legally DON'T have to pay someone you don't
owe a debt to or haven't contracted with.
So demand the proof.

Sara

[troubleintx]

Originally Posted by debtexecutioner

Trouble,

You really will have trouble if you ignore collection letters.
Debt Collectors are having a free for all these days.
The Fair Debt Collection Practices Act requires debt
collectors to send you a 30 day letter giving you an
opportunity to challenge or dispute the debt.

Thing is, the Federal Courts have ruled that a debt collector
can sue you within that 30 day period. Now there's a lot
of hoops they have to jump through to do so as provided
by law, but many of them do sue; get a judgment; and
then start collection activity.

You're blessed in Texas - no garnishment laws.
BUT, getting sued can put a big blemish on your credit.
Take advantage of consumer protection laws and
dispute the debt. Then demand to know the identity
of the original creditor. We have discovered that
just like mortgages, student loan companies have
been selling and securitizing debt. Multiple times.
If they can't prove they don't own it, you don't have to pay.
This is not about being a deadbeat if you can't pay.
But you legally DON'T have to pay someone you don't
owe a debt to or haven't contracted with.
So demand the proof.

Sara

I support you. The thing is that I opened the original letter a few days prior to the end of the 30 days because I was out of town. I didn't want to make any mistakes so I took my time researching options (reading and posting to forums). This is one of the only forums that has responded to my posts.

[debtexecutioner]

Texas,

Then don't waste any time responding.
The 30 days starts from the time you receive the collection letter.
It's better to be "late than sorry."

Tell the collector that you are disputing the debt per the
30 day Notice, and that you demand the name of the
original creditor and proof that they own the debt.
Then demand that they provide the information within 14
days, or otherwise it will be presumed that the
proof of debt doesn't exist. Make sure you send
it certified or with Certificate of Mailing.

Sara