Wednesday, February 06, 2008

Another Unifund Lawsuit, Robert Paisola Responds

Hello,

I obtained your contact info from the internet and I think I may need some help. The attached papers were served to me on 01-05-08 by the Pine County sheriff's Department (MN) from Como Law Firm on behalf of Unifund CCR Partners. I am unsure how to reply to the complaint and what my responses should be. I am also wondering if this is an "authentic" document that was actually submitted to the court. My research has led me to believe that this may not be the situation, as there is no case number, time stamp, clerk's signature, etc. on the papers. If it is true that this was not filed with the court, and merely a collection letter, would this be a violation of the Fair Debt Collection Practices Act? My basis for that question is "§ 807. False or misleading representations" under the FDCPA. I have also done a small amount of research on both Como Law firm and Unifund, and discovered that both have been perceived as using questionable business practices/tactics in order to obtain default judgments from uninformed consumers. I definitely do not want to fall victim to them, if that is the case. Another factor on this issue is that this debt may be older than the 6 year statute of limitations allows them to take action on. I cannot accurately verify that at this point, due to my poor record-keeping on this account. I do have two saved credit reports, but I am unable to determine from those when the last action was, since the debt has been sold. With all of this said, I fear that I may not be able to afford the quality of representation that you provide. I am not very well off, and live paycheck-to-paycheck at this point. I do realize that your services demand a fee, and hope that we can agree on a reasonable rate, if we get to that point. Thank you very much for taking the time to read this message. Let me know what additional information you need and what measures I should take next. I am eagerly looking forward to a response from you.

Respectfully,

Brian

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