[DUSTY]

This company(ies) that most are familiar with claims these letters aren't an attempt to collect a debt because there is "No demand for payment".

[hannah]

There is a balance owed and it says what to do to ensure proper credit with your payment so I'd say that yes, it is a collection letter and that it is demanding payment. Note that Resurgent is acting as a CA for LVNV who is the current creditor for the original creditor. This could also constitute notice of assignment in accordance with a lot of state laws depending on if and how the statute is worded in your state code.

[centex]

I would certainly opine that it IS a collection letter precisely because it is informing you who it has been placed with, contains notice of an amount due and from where the claim was derived AND it gives the 30-day notice.

Strictly speaking, I would classify it in the category of an initial communication that made sure it did not cross any shadow of a threshhold remotely related to potential overshadowing claims.

[apexcrsrvc]

They've certainly become much more aware of certain authority in the last few years haven't they?

Seems as though some CA's may have actually retained counsel with a clue? I still can't believe what some of the new law school grads pull down with in house positions with these turds.

[roybean]

Uhhhmmmm, let's see- smells like a collection letter...certainly looks like one; even has that same dirty feel to it, I dare not taste this bad boy...I think it is a collection letter.

[DUSTY]

I agree but I've noticed in all the cases their defending that they're pleading they never demanded payment. It's just part of the circus I guess. What a shame 'debtors court' is just a revolving door and when you take the 'collector' to task the rules change.

[centex]

Originally Posted by DUSTY

I agree but I've noticed in all the cases their defending that they're pleading they never demanded payment. It's just part of the circus I guess. What a shame 'debtors court' is just a revolving door and when you take the 'collector' to task the rules change.

If they are responding in such a fashion, then chances are that the pleading to which they respond was deficient.

Answers are invariably going to be based upon what was pled in the original Petition, and as you have seen, there is a lot of crap out there. Hell, you have people that filed suit claiming damages because an action caused their FICO to INCREASE.

The other thing that many pro se litigants fail to realize is that it IS a different world inside the doors of the courthouse. The wordsmith will often have the advantage.