Weltman, Weinberg & Reis

mtnair · 02-17-2007, 11:33 PM

DH received dunning letter from above lawfirm today.

Letter was dated 10 days before postmarked envelope.

Doesn't seem right.

hannah · 02-17-2007, 11:34 PM

There's nothing illegal about that. I've often written out checks for bills and didn't mail them until the next week or so. Anything else about the letter seem not right?

Is this the initial contact? If so, then the 30 day validation period starts with the receipt of the letter, not when it's dated. Staple the envelope to the letter and print on the letter the date it was received. Start a file with all correspondence.

mtnair · 02-17-2007, 11:54 PM

This is the first one from them.

The problem I have is if a consumer did not keep the envelope it makes it a little hard to state that you received the letter more then two weeks after the letter was dated.

The first dunning letter received was from Hunt & Henriques dated Jan last year. Sent simple DV letter a few days later. Sent a DV to LVNV the same day. Nothing more heard from the lawfirm Hunt & Henriques.

LVNV then sent alleged account to Resurgent Capital. DV'd them in Dec. last year, also mentioned that this was DH'd third dispute letter to LVNV or their associates.

Now a letter from above lawfirm.

DH has never received any validation from anyone.

hannah · 02-18-2007, 12:08 AM

Send them a letter disputing the debt. It's all continued collection activity so keep good records if you're going to sue and if you are sued for the debt, look at all the counter-defendants you can pull in! 'Course if you sue each one separately, then that's a possible $1k from each. Remember, it's up to $1k not guaranteed $1k per action.

mtnair · 02-18-2007, 12:13 AM

I thought in California it was $2,500.00

spinn · 02-18-2007, 12:28 AM

for whatever reason....people tend to forget to include state coas as well

not to mention defamation et al

hannah · 02-18-2007, 12:39 AM

I was speaking strictly of the FDCPA's continued collection activity. Not all states have statutes against continued collection activity so as a general observation you could not say it's worth more. Geez, just smack me for trying to be helpful!

mtnair · 02-18-2007, 08:02 PM

Sorry Hannah

Is it one or the other ( Fed or State) or could you recover on both?

hannah · 02-18-2007, 08:08 PM

Quote:

Originally Posted by mtnair

Sorry Hannah

Is it one or the other ( Fed or State) or could you recover on both?

On that particular COA, you can on FDCPA but state would depend on what your state deems to be a violation. Some states don't include continued collection activity in their consumer statutes. You're in California, right? I think they do but would have to look it up unless Direred will jump in here as I am sure she knows.

DUSTY · 02-23-2007, 11:52 AM

I've been busy miss everyone.
There's a lot about LVNV and Resurgent posted elsewhere.
I've also dealt with W W & R, they dunned, made an attempt at validation (was AmEx account)and then nothing. Wife declared BR and issue closed.

BESIDES doing everything to prepare to exercise your rights in court if you have legitimate violations and reasonable dispute, you should be able to get TL deleted without filing. Some have found after filing they might offer to settle for a few thousand.
PM me after you've tried if you can't get anyone to delete but, want to try again without filing. I also always check to make sure none of the entities are filing in my area to collect.