Offering Lang Richert and Patch a Payment Plan on Old Citibank Credit Card with Unifund CCR
I am in California and was making monthly payments toward a credit card from Citibank until I lost my job and was no longer able to. My last payment was made about 2 years ago. Unfortunately, I'm still unemployed and I owe Citibank $17,000. They sent my acct to creditors whose calls & letters I was ignoring, and week 2 weeks ago I received a letter from the law office of Lang, Richert & Patch in Fresno. I have been 30 days to respond. How should I proceed? I can only come up, at this time with maybe $1000 but I could start making small payments (say, $150/month) until I start working again. Once working, I could make bigger payments. Should I contact them and offer this? I want his gone as much as they want there money. Now that it's in the hands of a law office, is it to late to offer payments? I can't have this turn into a lawsuit and have ny account frozen...it would really screw things up for me, and as it is I'm just barely hanging on.
Your advice is greatly appreciated and thank you so much for running this website!
~Lorraine
Should I contact the law office and offer some money up front ($1000) and see if they make payment arrangements? And if not, how should I proceed so that this doesn't end up becoming a court scenario with my bank acct frozen?tiodj
—Lorraine
Getting a letter from Lang Richert and Patch, attorney’s attempting to collect a debt, is a fairly clear signal that your risk of being sued for the old Citibank credit card have increased dramatically.
Setting up payment arrangements with Lang Richert and Patch.
Before looking at your options to set up some form of monthly payment agreement with Lang Richert and Patch, can you tell me who they represent with their collection effort? Look on the letter you received from them. While it may say the debt is related to your Citibank account, I suspect after 2 years of not paying Citi, the debt has been sold by Citibank to a debt buyer. If I am correct, the name of the debt buyer should appear on the letter.
Who the law firm is collecting for could impact the direction you choose to take to resolve the account.
The letter Lang Richert and Patch sent provides you an opportunity to contact them and make payment arrangements. If you want to go that direction, the 1k upfront is a good way to be taken seriously. But the 150.00 a month after that may not be enough to prevent them from filing a lawsuit in order to guarantee payments each month, or as a means to try to collect more than 150.00.
I know…. It does not make sense to you or I for them to spend money and time on a lawsuit against someone who is unemployed and not able to come up with much more than 150 dollars a month. But that is how debt collectors roll a lot of the time – without sense – but with an eye on the cents….
When you cannot fund a lump sum settlement offer for your Citibank account.
If debt buyers were a bit less zealous, and if debt collection attorneys were not all about earning fees, I would be happy to have different feedback than follows:
Because I can predict with pretty good odds that Lang, Richert and Patch will be more than happy to accept your 1k down payment, followed by either suing you anyway, or asking you to sign a consent to judgment in short order, I suggest:
- Holding on to your money for right now.
- If the Lang law firm is working for a debt buyer – use your available money to hire an experienced debt collection defense attorney to defend a case if you are sued.
If you were in a position to come up with say 30 to 50% of the 17k balance in order to negotiate a settlement with Lang Richert and Patch, I would have different feedback than numbers one and two. If you think coming up with additional resources to settle this old Citi account is an option, let me know that when posting a comment reply answering my other questions. I will have more feedback related to settling with them.
For now, I would highly recommend connecting with an experienced collection defense attorney in California. I can email you contact information for the type of attorney you will want to consult with. These types of attorneys generally offer a free consult. Getting input like this will help guide you on your next move.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
I forgot to mention that I legally changed my name in 2007 after getting my US citizenship but the party being sued is under my previous name, which I thought was odd. Would this affect anything in anyway? Thanks again Michael.
The name issue is not likely to be what Adam uses as a strategy to get this unwound.
That’s what I figured, just thought I would ask. Once again thanks for the quick response and your help!
Hi Michael, I just received an Earnings Withholding Order from the court garnishing about 25% of each paycheck starting my next paycheck. I was sued by Lang, Richert, and Patch representing Unifund CCR, LLC for an amount of around 15k, 40-50% more than what I initially owed. It was an old Citibank account, last payment around late 2008. I was laid off so I stopped making payments. Judgement was entered in the court date 10/1/13, after the 4 years statute of limitation in CA. The most bizarre thing is that I just received the court order last week via mail from my employer. I had no prior notice or idea that this was going to happen!! I believe all the notices and mails were sent to my previous residence. What are my best options right now? I can’t afford my monthly living expenses after the garnishing. Do you have any attorney referrals in the Riverside County in CA? The court order was from Riverside County. Any help would be greatly appreciated! I feel so lost right now!! Thank you Michael.
I will email you an attorney with the experience you need who can help you look into unwinding this.
I just got the email. Thank you for the quick response and referral! I will contact him soon. Much appreciated.
Greetings Michael,
I am in need of some assistance as I have a judgment on my credit report that I had very little information on.
Can you please recommend a good attorney to help mitigate this issue?
Thank you.
regards,
Henry
Where are you located?
I live in Bellflower, CA 90706 but reside in Agoura Hills for work.
I sent you an email with contact details to a firm with the experience you need.Call them on Monday and see what they say. It would be great if you posted an update with how you progress with this.
Hi Michael,
Most of these posts are relative to my situation except it’s with CHASE Manhattan Bank that I stopped paying in 2004 due to not being able to afford my payments. I tried to negotiate a payment plan at the time with Chase, but they did not give me any options except to make my payment. It was around $4000 at the time and now, 10 years later it is $9400. I received a letter from another law firm Re: Unifund CCR Partners. The letter states that this communication is from a debt collector in attempt to collect any debt owed from me the entire amount owed on a judgement entered against me. I am given 30 days to dispute the validity of the above referenced debt or any portion of it.
I am not sure what the best approach for this situation to continue. I thought that there was a statue of limitations. I tried to settle a few years ago with $2500, but they told me it was not enough. I am now a student with low income and am not sure where to go from here. Thank you for your help.
Does Unifund have a judgment against you? It was not clear from your comment.
yes, they do. I wasn’t aware of it, but it’s on my credit report.
Because you were not aware of the lawsuit until after the judgment was entered (finding it later on your credit reports), I would first look into options for challenging that.
There is a history of lawsuits being served to the wrong people, at the wrong address, in the wrong county, and even state. There are instances where something like this can be unwound, and the process can often make the most unreasonable debt collector, which I consider Unifund to be, more willing to resolve a debt.
Next stop is consulting with an experienced debt collection defense attorney in your state. Most offer a no cost initial consult. Post the name of a nearby larger city and I will email any in the area I know of.
Thanks for your advice, I appreciate it. I’m in California 90631 zip code. I don’t ever recall being served in person. I just received letters to call their offices to work on a payment plan or pay an amount to settle with.
If you do go to court and they submit a declaration from a rep at Unifund make sure you try to serve them in person because the address for service at 8581 Santa Monica Blvd is a UPS store . In Orange County the Judges have been dismissing the case if you have a declaration from a process server stating it is a UPS store and they did not know Doug Hallock. They will not give you a physical address of their place of business even if you call them. They have a couple of different addresses they give for service but most are UPS stores and you should be able to look it up online fairly easily. As always you should consult with a licensed attorney. I hope this cost them a few dollars.
Regards
Hi Michael,
In 2008 I made an agreement with Kenosian and Miele on behalf of Unifund for US Bank. This went thru the court and I agreed to pay $10,000 at $150.00 per month. I paid in full last year and I have now received a Memorandum of Costs after Judgment, acknowledgment of credit and declaration of accrued interest. I received one of these in December of 2013 and filed it away thinking it was a final paper for the debt, and then I have received a 2nd one that references issuing writ of execution and Levy officers fees.
The original debt with interest was about 14K and I settled with 10K. It looks like they are trying to get me to pay the whole debt again. I called Kenosian and left a message after visiting the court this morning.
Please advise …
I would highly recommend consulting with an experienced debt collection defense attorney in your state. Most offer a free initial consult, and that should help you get your bearings straight on what to do next.
What is the name of a nearby larger city? I can email you contact details for an attorney to speak with.
Hello Michael, I’ve read through your response and I appreciate the advice that you’ve given to everyone. I’m hoping to get pointed in the right direction. I am in a similar situation. I’m located in San Diego and the court as reach a default judgement back in June 2014.
Plaintiff: Unifund(purchased debt from Citibank)
Attorney: Kenonsian & Miele, LLP
Demand of Complaint: 5553.16
Interest: 1352.54
Total: 6905.70
I spoke to Kenosian & Miele yesterday and the judgment is enforceable for 10 years and the interest can accrue at a rate of 10%. Apparently I was served back in Feb 2013 but I don’t recall ever been served. Can you help and point me in the right direction?
Access the court record and look to see what is entered for service. Does it list your address correctly? Is there a description of who was served, and does that description reflect anyone at your house?
I would highly recommend contacting the consumer law collection defense attorney I am going to email you contact details for. He offers a no cost initial consultation. Find out what he thinks of your situation, and the options that make sense.
Thanks Michael. The address is listed corrected but the description fits my roommate more than me.
I agree with Michael about consulting an attorney….just a note though….If this is CA…you have 15 days to make a Motion to Tax Costs (stating why they are entitled to none)….check your case summary history online…it sounds like they may have moved the case forward and gotten a judgement: https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1700
Hi Michael,
I am being sued by Lang, Richert, & Patch via Unifund LLC, via citibank. One is for 8K the other is for 4K the last payments to citi were made in 11/2009. I went through a five year divorce in which I was In ProPer. My divorce is finished now except the issue of credit card debts which are addressed in my Dissolution Judgment, to be paid by my ex and I. I have offered 40% verbally on both debts a couple of weeks ago but I have not received an answer. Today I will write to them to ask for proof of ownership via a contract and for a response to my 40% offer to keep a paper trail for the court. Can I have the contact of a defense lawyer in the Monterey CA. 93940 area just for consultation? I am retired now so limited funds access.
Thank you and have a wonderful day!
Tom
With balances this size it will offer make more “cents” to defend against the collection actions. Talk to the attorney I sent you contact details for about that. But I think expert help will cost less.
I been sued by Kenosian & Miele for a Citibank debt that I had and have not been able to pay since 2011 in the amount of $2818.82. I was served about 3 wks ago and the “filed date” on the Simmons is 5/22/14. I actually got served more that 1 wk later than that date. After reading many of the comments of other people in similar cases as mine, I’m very nervous! I abviously don’t have the money to pay in full the amount that I owe and that I’m getting sued for. I’m currently unemployed and I don’t have money to hire an attorney. I live in Kern County in California and I need any type of advice please. Since I have already been sued and my date to apperar in court is 11/17/14, should I even try to settle directly with Kenosian & Miele? Is that even possible? It seems that most people that have tried setteling with then haven not been successful. What would happend if I just don’t show up to the court date? What would happen if I show up with no legal representation? Is there any free type of legal representation in Kern County available for my case?
Thanks!!!!
Try to find the closest low income legal aid office in your area and seek assistance if you qualify.
If that is not an option, look to see if there is a student professor run clinic in the law program of a nearby university, and see if you can get help.
If you are serious about settling, you can, but you have to have the money. Do you have any options, like sell something you use seldom, or pull from many resources?
Are there other debts than this one that Kenosian and Miele have sued for?
Hello,
I am being sued by Kenosian and Miele / Unifund for a Chase Credit Card debt that is almost 8 years old. They sent me a RFA. Should I even respond? They had originally filed a default judgment but it was vacated due to improper service.
What state are you in? When did the judgment get vacated? Who file the motion to vacate – are you working with an attorney? What is the date this account last received a payment from you (regardless of who you paid, Chase, Unifund, other collector)?
Looking for some assistance/represnatation for myself against Kenosian & Miele & Unifund.
I’ve been reading how to do it on my own, but would possibly like an expert instead, I’m just at the Answer and BOP stages and learning quickly. I’m in San Francisco California and running out of time to put it lightly.
1. Who is the named plaintiff in the suit? Unifund CCR, LLC (listed as client)
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian and Miele
3. How much are you being sued for? Lists current balance due 8223.39 2/7/2014 – Now 9703 as of a ” You know we are suing you, call and lets settle letter” 6/3/14
4. Who is the original creditor? (if not the Plaintiff) Citibank, NA
5. How do you know you are being sued? (You were served, right?) Served
6. How were you served? (Mail, In person, Notice on door) Sub Served – date on my uploaded court document states 5/18/2014 – giving me until 6-28.
7. Was the service legal as required by your state? Yes- They sub-served and i did reccive a mailed copy and proof of service/summons is uploaded listing correct info.
8. What was your correspondence (if any) with the people suing you before you think you were being sued? N/A
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I’m looking at a credit report I ordered from experian.com and can not find my date of default.
11. What is the SOL on the debt? I’m in California so I believe 4 years for a CC / Line of credit and this looks like it is within.
12. What is the status of your case? Suit served? Motions filed? Register of actions lists May 8 Exempt Collections Rule 3.740 filed by unifund. May 8 Declaration pursuant to ccp 395( B) filed by unifund. May 27 2014 Summons on complaint filed by Plaintiff Unifund CCR served may 21…substitute service on …. etc.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I’ve had my head in the sand.
14. Did you request debt validation before the suit was filed? Yes Dispute & DV was filed and they came back with one CC statement copy from 1/28/2011-2/25/2011 balance of 6361.88 and 1061.72 past due. Looks like it was almost SOL…drat.
15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days from date served.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract?
1. Complaint form w/ 4 cause of action & Prayer.
2. Complaint Verification sheet – ” I am attorney for the plaintiff. Such party is absent from the County of Los Angeles where attorneys have their offices, and I make this verification for and on behalf of that party… etc….
3. Civil Case Cover Sheet
4. Declaration pursuant to CCP
Larry – I would highly recommend you talk about your options to defend against the collection from Unifund with your own attorney. One with debt defense experience in California. I will email contact points to you for one you can have a no cost initial consult with. You can succeed in beating this back, and the odds of that increase when you are working with a pro.
You recommended a lawyer from Chula Vista to help me.
They fixed it and I owe nothing.
Amazing. Thank you!
Thanks much for posting the update Larry, and congratulations with putting this behind you!
Michael,
I made a terrible mistake. I was notified in December that Lang, Richert Patch that they intended to sue me. I contacted them at that time to try to make payment arrangements which they did not agree to. At the time I was not in a position to make a large lump sum payment. I did not file an answer and yesterday received a letter from County of LA Registar-Recorder’s office that a notice of involuntary lien has been recorded. The amount stated in the document is $1,394.13. I am now in a position to make a substantial payment (at least 50%). Would there be any point in contacting then to try to negotiate this or is this now a lost cause? I don’t want this to end up on my credit report. Thank you in advance.
Lisa – You do want to contact them and work this out. The judgment they have can lead to wage garnishment or a bank account levy, and the amount owed will also grow from legal interest set by the court. What was the original debt about? Who was Lang Richert and Patch hired by to collect from you?
I would try to settle this for less than the judgment balance. Check out this post for more tips and information: https://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/.
The window of opportunity to prevent this from showing on your credit report as a judgment would have ideally been before you were sued, or negotiating a higher settlement once sued, but before judgment entered. Now that the court record reflects a judgment, it is what will ultimately show on your credit reports.
Michael – I am so happy I stumbled onto your site. I felt extremely overwhelmed when searching for reliable information on the internet regarding debt relief. The information I found was oftentimes conflicting. It was hard to find a trustworthy source whose advice I could trust until I found your site. Thank you for what you do.
I am being sued by the Law Offices of Kenosian & Miele on behalf of Sunlan for a CitiCard debt of approximately $4,000. My last payment to CitiCard was February 2011.
The summons was filed on February 11, 2014 but it was only served around March 15, 2014 at my parents’ residence in Los Angles where I used to live. I currently live in Santa Barbara, although it just so happens that I am moving back to LA at the end of this month.
Do you have any recommendations for a good debt collection defense attorney in LA?
Thank you once again!
Lou – I sent you an email a moment ago with contact details for an attorney that has the experience you need. Post an update comment with you progress.
Michael – many thanks for your thoughtful responses to prior queries. I know someone who now lives abroad, but used to live in California. Her bank recently received a Notice of Levy and Judgment of Levy. The judgment creditor is Unifund CCR LLC. Can you recommend an experienced debt collection defense attorney in the LA area? The total amount at issue is around $15k. Thanks.
SCG – I sent an email with contact details to an attorney who is familiar with Unifund CCR LLC, and probably the California collection attorney hired by Unifund too. Jeremy is not in LA, but covers the state.
Michael – your articles are invaluable, thank you so much for all the help you do. I just received a summons for debt just shy of $6K (original debt $3K) from a lawyer on behalf of Unifund for a debt to Citibank. My last payment was made in February of 2009 – it looks like they somehow got me to pay a whopping $41 at that time, when I hadn’t made payments for many months before that. The statute of limitations in Illinois (I’m in Cook County) is 5 years. The date on the summons is listed as April 15 / filed March 11th, but the actual complaint says Nov 5, 2013. Even though I wasn’t served until March 2014, is this still under the statute of limitations because they filed Nov 2013?
Also, I know I’m supposed to try to get the debt verification info from Unifund. Is this something I should do myself before contacting a lawyer, or would they work with Unifund to obtain that information? Do you have any lawyer recommendations for Chicag0 area / NW suburbs? I am terrified.
LW – The typical debt validation request you would send to Unifund, or the collection attorney, is not really going to fit the situation once sued. I would encourage you to consult with one of the experienced debt collection defense attorneys I emailed you contact details for first.
Hi Michael – I am being sued by Kenosian Miele on behalf of Unifund ccr for a citibank debt. I live in Orange County 90720 do you have any recommendations for a good debt collection defense attorney? Thanks!
Frank – I sent you an email with contact details for the type of attorney you should consult with.
Same story, this firm is attempting to reach my father who is very sick, only gets social security and small pension! don’t think they can touch that! is this correct?
carol – There would need to be a judgment in place before there is any risk. That means suing him. If that happens, post an update. Talk to an experienced debt collection defense attorney about your the pension being exempt from creditors. SSI is exempt from garnishment.
I need a lawyer to defend against Unifund. I never got an initial letter, but received a notice of an involuntary lein today . Los Angeles, 91606
Jill – I sent you an email to an attorney with the experience you want in handling Unifund. Who is the attorney that Unifund used to sue you>
Hi Michael,
This is a follow up to my previous post. After mailing L.R.&P. to validate the amount that I owed they replied with a verification letter from Citibank. They broke down the amount originally owed $2,600 and interest that was $870. So all together it was about $3500. They also included an Affidavit validating the debt with a snapshot of the last bill. They also included a bill of sale and assignment letter between Citi and Unifund.
The main letter just mentions that I owe their client, Unifund the said amount. Should I contact Unifund directly to settle this bill? Should I get consultation from a layer? Any info would be greatly appreciated. Thank you.
Hi there Michael,
I am in the same boat as T above. I recently moved and just received my forwarded mail, of which included a letter from Lang, Richert, & Patch collecting a debt that was originally held by Citibank and sold to Unifund CCR, LLC. I missed the 30 day window to dispute the validity by two weeks. They claim it’s $4885.27 though my last balance before I lost my job and was unable to continue minimum paymets was $3500. At this point I am only able to settle the debt at 40% with the option to make payments. I am definitely at a loss for what to do next. Could you also forward me referral? I am based in Long Beach.
Thank you so much for your time! I’ve been haplessly searching the web for some direction and am much relieved to have come across this forum.
Best,
Cat
Cat – You have not been sued yet, so you may not need anyone’s help to settle this for the amounts you have available. If you are up to it, I can walk you through the process of how to settle with Unifund and Lang Richert and Patch. If you are not up to it call in and talk to a specialist at 800-939-8357, or call the consumer attorney whose information I am emailing to you.
What are your inclinations?
I also need a referral. I live in the Riverside County, Ca. area. I just received a letter from Kenosian and Miele with ten days to reply.
Thank you!
Mm – I sent you an email with contact info to an attorney who has the experience you need. It would be great if you posted an update with how things develop for you.
Michael,
My situation is similar to the ones posted above. I received a letter dated Dec 2, 2013 from Lang, Richert & Patch regarding an original debt had with Citibank, which was then bought by UNIFUND. The letter states that they are trying to collect a debt totaling $12,033.89 but the original amount after my last payment to Citibank was $8,598.19 on Jan 09, 2011. The letter states that I must respond within 30 days of receipt of their letter or that they will sue.
I would like to settle this debt and would be able to pay at least 30% of the original debt. Should I contact LR&P directly or is it in my best interest to have an attorney handle the negotiation? If so, do you have any recommendations in the Los Angeles area?
Also, will an attorney contacting LR&P stall the filing of a lawsuit? With the holidays fast approaching and travel plans, I am worried that I won’t be within the 30 days of responding.
Thank you for your help!
T – I am a huge advocate for negotiating your own settlements when and wherever possible. But a target of 30% settlement with an attorney for Unifund CCR is not common at this stage. I believe you have a better shot at that if you work with a consumer law attorney who sees Unifund accounts, and deals with this debt collection attorney, on a regular basis.
I am sending you an email to an attorney you can call for a no cost initial consult. If you retain an attorney, there will be costs, so weigh that along side all of your timing goals etc.
Hi Michael,
I recieved a letter yesterday similar to “new2this” from Lang, Richert & Patch. They are trying to collect a debt from Citibank that was sold to Unifund CCR,LLC. They are giving me 30 days to respond or they will file a lawsuit against me. The amount is about $3,440, which is about $1000 higher than I remember. I stopped paying my card due to financial hardship and would like any advice you may have to help me in my situation. I do plan to send them a letter requesting all the information pertaining to this debt and see what they have on file. I live in San Diego, 91911. Thanks Michael.
Xavi – If Lang, Richert and Patch respond to your validation request, post an update. From there your risks of being sued increase greatly. You can settle with them at that point, or if sued, work with a great collection defense attorney in the San Diego area.
Hi there. I am in the middle of a lawsuit with Unifund and I am wondering if you have any lawyer recommendations for Portland, Oregon? I have been successful so far in dragging out the lawsuit but I am getting nervous as the trial approaches. I also have some FDCPA issues I would like to address – maybe a lawyer you recommend would be interested in discussing that also. Thanks!
Chica – I sent you an email with contact info to 2 debt collection defense attorneys. Either one of them is likely to have experience dealing with Unifund collection suits, and probably the attorney working for Unifund.
Post an update with how you progress. It will help other Oregonians who may later read here that are dealing with Unifund.
When dealing with Lang, Richert I highly recommend the following law firm: KAZEROUNI LAW GROUP, APC. and ask for Assal Assassi
800-400-6808 Ext. 4
mike – I was not familiar with the firm until you posted your comment. Fees are manageable. Can you share more about your experience than just a general recommendation?
For other readers I should point out that this pertains to California collection lawsuits.
Hi Mike, finally getting back to your question. I found this firm online but I don’t remember what it was that possessed me to call them but I did. I talked to Assal and explained my situation with Lang, Richert. She asked me to fax over all documentaion from them. She called me a few days later and said “did you know that they are charging you more interest than what they originally stipulated in the complaint? thats against the law” I said “no I didn’t see that” She called Lang out on it and they worked it out with Care Credit to dissolve the entire balance of $10,000. Didn’t cost me anything and Care Credit ended up paying the firm $500.00 in attorney fees.
Nice! Thanks for the follow up.
Hi Mike Strong…thanks for the story and congrats! Could I ask you for a few more details? I am in similiar litigation and after I answered the complaint the attorneys on the other side sent me a letter claiming that owed an amount 50% greater than the complaint amount. Is that what happened in your case?
Mike I am in same situation,Citibank card owing about 6000 -received summons from unifund, represented by Lang richert and patch I am near cerritos can you refer me to lawyer please. Thank you, Ann
Ann – I just sent you an email with the info you requested.
Hi Mike
I’m also being sue by Lang, Richert and Patch. Would you please recommend the lawyer in San Jose/ South Bay?
Lina – I sent you an email with contact details to an attorney with experience assisting people defend against debt collection suits generally, and Lang Richert and Patch specifically.
Hi Mike,
Like Lorraine I to am being sued by Lang, Richert and Patch. Would you please recommend the lawyer you recomended for Lorraine?
Mike – I sent you an email with contact details for the attorney. I am assuming you are in California. If not, reply to that email and let me know a nearby larger city in your state and I will send information to match location.
Hi,
I am being sued (I found on the the Court website. I have not been formally served) by Unifund and the Miele attorney’s office (as seen above). The original debt was with Citibank and was less than $3k. I tried to settle for about 60% less, and they declined. Guess I need to go the attorney route. Please send me any info for the San Diego area for a good debt related specialist. Thank you!
Linda – I sent you an email with contact info to a nearby experienced attorney who can help you deal with the Unifund collecting through the court.
Hi, i moved out of my old apartment in january, just recently my old roomate called and told me i received a letter from Unifund, Lang richert and patch
should i get worried about this as it is sent to wrong address, what if my old roomate did not inform me about this? how will i know about this letter.
i have documents from my new apartment that i am staying here from january
should i worry about this case please let me know, thank you
Is the letter a notice that Lang Richert and Patch is suing you on behalf of Unifund? Is the letter a collection notice from the attorney? My feedback will be very different depending on the answer.
Hi,
Thank You for the response
The letter says the following
“I am an attorney attempting to collect debt, any information obtained will be used for that purpose”
I have been retained by unifund ccr llc, assignee of the referenced document to collect entire balance on account you originally held with Citibank, The outstanding balance is 8000$
the law gives 30 days after receive this letter to dispute validity of above debt. if you dont dispute in 30 days, i will assume debt is valid. if after 30 days you have neither disputed nor requested information regarding creditor, i will be entitled to file lawsuit for collection of debt and pursue all legal remedies available by law to collect debt”
the above is what the letter says, as i said it came to my old room and i asked my roomate to take picture of it and send to me
what should i do in this case, please help
thank you very much
new – That is an attorney collection letter that suggests you are at a high risk of being sued for the debt. You do have some options to consider. Before I get into those, what is your goal with this account? Also, when was the last payment made on this account? What state do you live in?
Hi
my plan is to settle this account, but i cannot come up with 30-50% amount now. i can make payment plans of 50$ per month and later in a few months can try to settle for around 30% of total amount
i live in los angeles 90731
please suggest what is the best thing to do at this moment for me without getting in to any legal issues from court and not being sued
new – Based on my experience, I would say your being sued soon, or somewhat soon, is inevitable. Settling would circumvent that, but you are not prepared. And 30% may not be an option depending how collectable you look.
Couple of ways to look at this:
1. That letter will have suggested you have a right to dispute the debt etc. Sending a debt validation letter certified mail return receipt to the attorney collecting will trigger certain rights that they will need to respond to. It could take a couple of weeks for them to respond. I have also seen it take a couple of months for the attorney to get the documentation needed from Unifund in order to send you back a meaningful validation response. Sending a request for validation may/may not buy you the time you need to come up with the money to settle before being sued.
2. If you are sued, work with an experienced debt defense attorney to:
a. Defend the suit to dismissal (very possible with debt buyer cases).
b. Defend the suit as strategy to settle with Unifund for the best savings.
2b will definitely buy you several months to come up with money.
If it were me, I would do both. Send the validation to buy a little time. If sued, work with an attorney to buy more time to settle, or even end up with a better result.
If you want me to send you some contact info to the type of attorney you would want to consult with if sued, let me know and I will email that.
Hi,
Thank you for the response i will do both options 2a and 2b and buy some time
please send me contact address of lawyer if i get sued, i live in LA, 90731
Thank you very much
I was just served by Kenosian for Unifund for a past Citi account. If you could recommend a lawyer in the LA area with experience, it would be very helpful. Thanks
John – I sent you an email to an experienced debt collection defense attorney you can call for a free consult. It would be great if you posted an update to this comment string as you make progress on this.
I entered into an auto loan with Suzuki financing on 6/2007 in California. Unfortunately I was not told it was a revolving credit card, my fault for not making sure it was a secured loan. They charged the vehicle onto the credit card and then went through the whole purchase agreement and everything like a regular secured car loan. After an introductory low financing rate it shot up to 28 or 29 percent after maybe 1 year. Eventually the economy tanked and so with that my job went. I just could not afford the $500+ monthly payment anymore.
HSBC owns that credit card so I received collection calls from HSBC Bank Nevada, N.A./SUZUKI. On my credit report it shows that the date of first delinquency is 7/2009 but it also says last payment was 9/2009. I really don’t recall when the last payment was. The credit limit was $15,000. The vehicle was reposed and sold at an auction for $5,000 despite the blue book value of the vehicle being about double in value. The balance owed was $6,134 which was charged off by HSBC. It was eventually sold to Cavalry SPV I, LLC and then I started to receive phone calls from Cavalry Portfolio Services, LLC. They then hired Cawley & Bergmann, LLP to collect for them. I sent both Cavalry and Cawley a debt verification letter and at that time I took the opportunity to tell them to not call me and that all future communications be done via writing.
About a month later they called and left a message at a residence I was moving to in Nevada. Because of that message I was no longer able to reside at that resident. I have it noted and I consider that harassment.
Statue of limitation in California is 4 years for credit card debt. I received a letter on May 21, 2013 dated May 17, 2013 from the law office of Lang, Richert & Patch. They have been retained by Cavalry SPV I, LLC as assignee of HSBC Bank Nevada, N.A./SUZUKI. They are trying to collect on a debt that they are saying the balance now is $11,703.30. I’m assuming it’s because of fees and what not. I will take the 30 days they are giving me and I will send them a debt verification letter as well.
Now my question is, does Lang, Richert & Patch have grounds to sue me? They are definitely headed that way. I did not enter into any agreement with Lang, Richert & Patch nor any agreement with Cavalry. My original loan was with HSBC and I only signed into agreement with them. Of course the purchase agreement on the vehicle was with myself and the dealership, and the financing part was just some dumb credit card application with HSBC and myself.
I feel I do not owe these companies anything because I did not go into an agreement with them. They will not and can not produce any document that I signed showing proof of an agreement with myself and them because there is none. I have no clue on when the exact date of my statute of limitation is because of the discrepancy in date of delinquent/last payment. HSBC is showing charged off on my credit report. Cavalry is reporting i’m in collections with them and they continue to report negative feedback. On my credit report, it says 06/2016 is the estimated time that this will be removed from my credit report.
What it looks like is HSBC tacked on a bunch of fees so the original outstanding debt of $6,134 went to $8,804 but HSBC charged off the original amount of $6,134. The original balance listed under Cavalry is $8,804 and with their fees now it added up to $10,805 that’s outstanding. Now that it’s to Lang, Richert & Patch, they are claiming the outstanding balance is $11,703.30. Note that this company is not showing up on my credit report.
Michael, are you able to give me a general knowledge of my statue of limitation date? Does anybody besides HSBC have grounds to sue? It is ridiculous the amount they are trying to collect on now. It has nearly doubled! I’m losing sleep over this and just want it off of credit report. I don’t even know if Cavalry has the right to report negative on my report since I never signed into any agreement with them. Any help/advice is appreciated.
Thank you!
Chris – I understand you feel you do not owe Cavalry because you did not enter an agreement with them. It would be a mistake to get hung up on this angle. Your original agreement with HSBC would have spoke to the fact that the debt could be transferred, assigned or sold. Which it was. It is standard for a debt buyer to report a collection item on your credit. Just be sure that HSBC is no longer reporting an amount due and owing them, as you could not pay them if you wanted to at this point.
Cavalry does have grounds to sue if they legitimately purchased the debt, which is likely. Can you defend against that successfully if they were to? Absolutely, and by using some of the points you have brought up in your post. If Lang Richert and Patch do sue, it would be a good idea to connect with an experienced debt collection defense attorney. In fact, I would suggest you speak with one now, as you may be able to respond to the collection attempt with a validation request that could head off a suit being filed. Let me know with a comment reply if you would like me to email you contact info for the type of attorney you should look to connect with in California. I will send that along via email.
Thanks for the reply Michael. Please send me information to a defense attorney I can contact to best resolve my predicament.
Update: 11/22/13 – today is the day I was suppose to go to hearing at the court house but about a week prior the plaintiff contacted the lawyer I retained thanks to your recommendation. They wanted to settle and he said he has the authority to settle at 80% of the debt. But through the discovery process, all they could produce were 1-2 copies of old statements. No contract agreement was presented, no statement from HSBC showing they retained Lang Richart and Patch as their legal representatives, nothing at all showing they are the original owners of the debt.
My lawyer of course denied their 80% proposal, and told them we’ll agree not to countersue them if they withdraw the lawsuit and they walk away. They didn’t have a case, they knew it, my lawyer knew it, and I knew it, I just didn’t know how to fight it on my own.
The plaintiff is out of Fresno, CA, my lawyer is out of San Diego, CA, and the lawsuit is filed in my county, Alameda County, Bay Area, CA.
They would have to vest time and money, to travel here (or send a local rep that they can hire) for hearing, then they’d have to come for pre-trial and trial. Vesting money into a case they couldn’t win was probably not in their best interest.
This case was the only thing negative on my credit report. Right away I filed a dispute with all 3 credit bureaus stating they didn’t legally own the debt and they aren’t the original creditor. Through legal battles it was established that they didn’t have position on the matter, their lawsuit was withdrawn, etc. In like 2 days one of the bureaus deleted their negative reporting, and I’m hoping the rest will be deleted soon. I was surprised my credit score was in the low 700’s even with the original creditor collections account and the junk debt buyer reporting (now being removed).
I would pay my lawyer all day everyday than to pay those junk debt buyers.
Thanks for all the help!
Chris – So glad you got this worked out, and that the results were positive! Thanks for posting an update too. It really helps others dealing with similar situations know that there are effective ways to get to the other side of stuff like this.
Hello,
I am in the same situation. I live in the bay area San Francisco.
I am being sued by the same people Kenosian and Miele from for Sunlan LLC.
Please send me the info on the best attorney you have to my email address.
Thank you for your help.
Done
Hello Michael,
I am in almost the identical situation as Chris (above)-same players (HSBC, Calvary, Lang, Richert & Patch) with the exception of a couple of additional junk debt buyers in between; my credit reports state last payment made to HSBC as 07/2008. Could you please send me the San Diego debt defense attorney you referred Chris to?(with whom he had a great deal of success?
Thanks so much-I was served yesterday-but only after sending the law office a certified letter informing them that contrary to their process server’s due diligence report, he had not been diligent, and not only could I be “found”, but also I was required by law to be served. I really just want to get on with this stressful situation and get a resolution.
Your help is greatly appreciated!
I sent you an email with Jeremy’s contact information.
I was served in March, answered in april, received notice from the court of a trial date in 2014. I received req for prod of doc and req for adm….filling those out now. Today…I just received a case statement from the opposing lawyer stating there is a case management conference set for then end of May (in less than 2 weeks). I noticed the date was the same as the order to show cause hearing (for proof of service). I checked the county website and the OSC is the only matching date on the case file. But doesn’t the OSC get cancelled when opposing counsel files the proof of service? And even if it didn’t, I didn’t think I was obigated to be at the OSC(for proof of service…specially since the court didn’t notify me that I know of). Does the OSC convert to a CMC? Or is opposing counsel so disorganized they don’t know what date is for what????
anon – I cannot offer you legal advice. You should consult with experienced local counsel.
Generally what you described suggests to me that the attorney is a bit disorganized. You could call the clerk of the court and inquire about the need for the OSC at this point. No matter what though, if your case in the docket for a hearing on a set day and time, show up.
Thank you very much, Michael!
I got your email. The original creditor is Citi.
I’ll contact the attorney you referred me.
I truly appreciate your help!
I don’t think I can afford the attorney you recommended. I totally misunderstood the meaning of “at no cost”. Do you have any other attorneys you can recommend? This is the realty I have to face…
ca – Apologies if I commented in a way that was not clear. Most collection defense attorneys around the country (there are not that many), offer a no cost initial consultation. Hiring one to defend a Unifund CCR Partners collection lawsuit does require a retainer. When there are fair debt collection violations to pursue, consumer law attorneys, more often than not, will take those cases without the cost of a retainer. Their fees in FDCPA cases get paid from the other side if the case is successful.
There are other attorneys to consult with. But they all will charge a fee to defend the Unifund lawsuit. The only exception might be working with a low income legal aid office. Here you would have to qualify for their assistance by being in the lowest of income brackets, already on some form of public assistance etc.
Hi Michael…I am also being sued by Unifund via Miele in Los Angeles….can you recommend an attorney?…thanks…ccu
ccu – I just sent you an email with contact info to an experienced collection defense attorney in Socal. Out of curiosity, who was the original creditor Unifund CCR bought the debt from?
Hi Michael..Citi
Hi Micheal,
I’m also in the same boat with the everyone else here. I’m being sued by Unifind CCR LLC. I need your help to find an experienced attorney. Can you please recommend one that can take me. I don’t know if I can afford an attorney
Raz – Post a comment reply with the name of a nearby larger city. I will email you some contact info for they type of attorney you need.
Hi Micheal, thank you for your reply. I leave in city of Woodland Hills the zip code is 91367 west San Fernando valley if this helps.
Raz – I sent you an email just now with contact details for the type of attorney you should consult with. Start there and post any update if need be.
hi micheal
i really do need your help , i’m in the same situation about everyone else, being sued by UNifund ccr, lcc i live in Los Angeles 90027, i need to find a experienced lawyer to ask if what to do. this is my first time. please respond.
thanks.. i greatly appreciate your help.
angela – I sent you an email with contact info for an experienced attorney who can assist you with being sued by Unifund.
Hi. Can u provide me with a good name re: suit filed by Unifund via Miele in Los Angeles.
Thank you
Done. Check your email.
Michael, same situation. Unifund. Citi. Los Angeles 91606. Would appreciate any attorney.
Michael,
Hope you can anwer my quick question regarding California civil limited collection case filed by Kenosian & Miele, LLP for Citi account Unifund has.
I just found out today 3/24 that Kenosian filed POS w/out my recieving service. They stated they left the documentation with my secretary on 3/13. That person is not my secretary and located in another company location. Kenosian called my office phone once, so they know my location. They know my home address as well. Can they practice as such? How can I handle this?
I would greatly appreciate your feedback.
ca – The way Kenosian and Miele handled this appears on the surface to me to mean they actually had to go out of their way to serve you in the odd way they went about it. Before I go too much into any feedback, I have a couple of questions.
Is the debt Unifund CCR Partners bought from Citi bank a business debt, or a personal debt?
What is the amount they are suing for, what was the balance on the Citibank account when you stopped making payments?
Your answers to both of those questions will affect my feedback. Post a comment reply to this thread and lets go from there.
Thank you very much for getting back to me Michael.
This is a personal debt. They are suing for $10K. I need to do some reserach, but I believe the last balance was about $5,0oo that was months after I stopped making payments.
Hi Michael,
I just wanted to revise the info posted previously. They are actually suing for $5,000 so that’s is about $700 to 900 above the amount from when I stiopped making payment – depending on how you define when you stopped payment.
Thank you
ca – I have one other question I failed to ask in my last comment – When was the last payment made on the debt (to anyone)?
With a 5k debt bought by Unifund, the cost to defend against a debt buyer lawsuit will be less than Unifund will generally settle for. Unless or until Unifund is able to offer more in the form of payment reductions, I always start with a cost risk analysis. There are a few other elements to consider when deciding what next when you are sued by Unifund CCR Partners, but those would be things covered in a one on one consult or strategy session.
My first suggestion would be for you to consult with an experienced debt collection defense attorney. Defending against a Unifund lawsuit will often either yield a dismissal, or a settlement for far less than would be the case if you were to offer one now after just having been sued.
I will email you some contact info for a nearby attorney with the experience you need if you post a reply with the name of a nearby city.
I guess the last payment was around May 2010.
I haven’t seen the whole packet they said they left for the secretary and mailed out to me at the wrong office location yet so, I still don’t know how much they actually are suing for.
So, even though I wasn’t served in law required way, these is nothing I can do?
I’m thinking to submit a fee waiver form and prepare the paperwork by myself. Then if I need to go to the court, I will bring the attorny. Can I do this?
I don’t think I can afford filing any necessary forms without any fee waiver. That’s why I needed to know if I can make dismiss the case by pointing out unproper service practice.
Thank you very much for your help.
ca – I cannot say whether their service of process is an angle to pursue in your response with an expectation that it would dismiss the collection lawsuit. That is really something you should consult with a collection defense attorney about. My lay opinion is that it is not a leverage point, but that is not to say that you do not have many different angles to defend being sued by a Unifund CCR Partners. You have many.
I really want to encourage you to at least consult with a collection defense attorney about this. Calling and consulting the type of attorney I am talking about can be done at no cost. You can make a better informed decision on your next steps after that consult. If the attorney determines there were collection violations worth pursuing, many of them due so at no cost to you at all.
I’m still chasing the documents – the person who received them sent to the legal department at yet another brunch. So, I got another concern if I will be fired over this or not…
I’ll need to submit motion to quash before general denial. I think I need to consult with attorney. I’m in Orange County in CA. If I can talk to at no cost attorney like you said, that would be great.
I appreciate your help, Michael!
ca – I certainly hope this Unifund collection issue does not result in negative impacts to your employment. Be sure to discuss that with the attorney whose information I just sent you.
Thank you so much for your quick response and for the valuable information.
The name of the debt buyer is UNIFUND CCR, LLC.
Yes, please send your references for an experienced collection defense attorney in California. (I am in Los Angeles if that matters.)
For now I will hold onto my money and save it for an attorney.
No, I don’t see anyway to come up with 50% or even 30% of the debt, at least not at tjhis time. If I were given some time (say, a few months) then perhaps I could come up with 30%.Is there any way of stalling these guys to try and make that happen? Or would an attorney be able to?
They are saying that I have 30 days to dispute the validity of the debt and that if I do, they will mail me verifiaction of the debt. Should I have them do this? Would it at least buy me some time? (To consult with an attorney and gather paperwork.)
Also, they say I have 30 days to respond. The date of the letter is Jan 3rd but I didn’t receive it until the 11th. Does the 30 days mean I have until exactly Feb 3rd or is there some leeway with that for the time it takes to arrive in the mail? (A minor point in the grand scheme of things, I know, but again, it buys me time.)
What are my options at this point for declaring bankruptcy? Given my situation, is this feasible, and if so, would you recommend it?
Again, thank you for your invaluable advice. As you can imagine, this is remarkably stressful and I am dealing with it alone.
~Lorraine
Lorraine – Yes, there is a way to stall this out in order to settle with Unifund CCR (through the Lang firm), but how that is most likely to be accomplished is going to make you a little uncomfortable.
Unifund CCR has performance targets when they buy up debt from Citibank. Settling an account with Unifund happens in the normal course of their business. They like to hold out for higher settlements, and often instruct their collection agents to sue in order to secure any and all collection ploys and methods. You really cannot prevent them from pushing the “Unifund Collection Model”. What this means is, I think Lang, Richert and Patch is going to sue. You could send a debt validation request, or a dispute letter. Your right to do that is even outlined in the letter you got from them. They will get some info from Unifund (a Citibank statement or two), and send that to you in response to a validation request you may send. Then likely file a lawsuit after that.
Stalling for 30 or so days by sending a request that Unifund validate the debt is not much of a stall. It can be fore someone who needs only several weeks to come up with the money needed to settle with Unifund, but when you need several months, not so much….
The amount of time you need to stall this out in order to put the money together to settle the Unifund – Citibank account can be accomplished by working with your own attorney when the collection law firms sues. Unifund is a debt buyer. Debt buyers can be challenged effectively during the court process by a skilled attorney. I have seen cases drag out for months and even more than a year. In fact, I have seen debt collection cases filed by debt buyers like Unifund dismissed when defended effectively.
So, when I said the stall time you need can be accomplished, but may make you uncomfortable, I mean that you get there months from now, but by accepting the fact that you will likely be sued and being okay with that because you know it will help you reach your goal.
Filing bankruptcy is absolutely an option to nip any and all of this in the bud. At least, if you qualify for chapter 7 where your unsecured debts like this Citibank – Unifund CCR account get discharged. There are certainly implications to a chapter 7 bankruptcy that will be unique to you:
Do you have equity in your home?
Do you have personal items of value in excess of the amount allowed for in your state?
Will some of your stuff be sold by the bankruptcy trustee in order to pay creditors at least something? Can you sell some of those same items privately in order to pay off a settlement with Unifund and perhaps other outstanding debts?
Those are some questions you can post answers to with a comment reply.
I am emailing you contact points for an experienced attorney I recommend you speak with about the Unifund collection account. Start by making that call. I can respond to any additional detail you provide on the way.
I have exact same problem as Lorraine
UNIFUND CCR, LLC. Is coming after me represented by Kenosian & Miele, LLP.
They are threatening to sue me unless I make some sort of payment arrangement.
I have already send in validation letter and they have provided me with couple f old citi bank statements. I also resides in near Los Angeles area. Could you please send me qualified attorney info in my area too?
Karl – I sent an email with contact info to an attorney with the experience you need to help resolve your Unifund CCR collection issue.
Can you share a little bit more information about your citi bank account in a comment reply:
How long ago did you make a payment to Citibank?
What was the balance owed on the credit card with Citi when you stopped making payments?
What is the balance that Kenosian and Miele are trying to collect now that Unifund CCR has the account?
Did you ever hear from a debt collection agency trying to collect the Citi account, but after Unifund bought it (Unifund placed your account with an agency before you heard from Kenosian and Miele)?
Please recommend debt collection attorney in Southern Orange County area. Sued by Kenosian and Miele (received default judgement) levied my bank account (including my wife’s account and my daughter’s baby sitting money she is saving up for college.
I sent you an email with attorney contact information.
Were you aware you were being sued?