WHAT SHOULD BE MY NEXT STEP?

Submitted by loveprincess73 on Wed, 05/05/2010 - 01:18
Forums
Credit repair

I voluntarily repo a van I had in 8/2008. I received a collection letter from an attorney's office. I sent them a DV letter certified in 04/09 without a response, The attorney's office has just contacted me, by phone, 04/10 telling me he can settle and to send the dv letter again. What is my next step? Should I send another DV letter? They said it was sold and I owe 10,000 to pay the sales tax, unpaid lease payments,sales expenses, late charges, contract deficiency and early term fee. Well how do I know how much they received at auction? Don't know what to do. My husband has been laid off and I can,t afford wage garnishments

cinnamngrl

If this was a lease then it is very different from a repo.

Send a new DV with a copy of the old DV.

Wed, 05/05/2010 - 11:13 Permalink
Aaron

Hi loveprincess,

What you need to do is send a debt validation letter to the collection agency. Send the letter through certified mail, requesting a return receipt. In debt validation they are supposed to provide you with copy of your original contract, proof that they have the authorization to collect from you, and account statements with the details of your outstanding debt. However not all collection agency will provide you with all the three proofs.

You will get a sample debt validation letter with this forum, which you can use to write one of your own.

Thanks,

Aaron

Thu, 05/06/2010 - 07:43 Permalink
loveprincess73

This was a lease, but I received a summons yesterday. They included a copy of the original contract that I signed that they provided the courts with. But when I got home I checked the contract they provided me and the courts with and I still had my original contract from when I leased it and the amounts are different. There's has the van costing more than the original paperwork I have. Most of the numbers from my original and there copy, do not match? How is that possible?

Wed, 05/12/2010 - 14:52 Permalink
Aaron

Hi loveprincess,

As you have received a summons you need to answer to that, else they will win a default judgment against you. If you have proof that the amount of debt they are reporting is wrong, you can file a motion to dismiss this lawsuit.

Thanks,

Aaron

Fri, 05/14/2010 - 09:41 Permalink
Anonymous (not verified)

Thank you Aaron!

Fri, 05/14/2010 - 11:50 Permalink
Aaron

Hi,

You are welcome. Hope that you will be able to solve this problem soon. All the best.

Thanks,

Aaron

Mon, 05/17/2010 - 11:29 Permalink