Anibal Jose Baez
Ok. My younger brother had a car for about 2 years. As many others around here, my brother lost his employment, and had to return the car to the bank, because he could not afford the monthly payments anymore. The bank then went and sold the car, then sent him a letter saying he owes over 6,000 grand. A BILL was never sent. This is all in letters that nobody dares to sign.
My brother sent a notice as administrator saying that he wanted to administrate any debt asap. He asked for a copy of any contract, and a BILL, and he would immediately administrate the debt. Also, he requested copies of 2 forms of ID of the alleged lawyer that was sending to communication, to prevent fraud. He gave 10 days. Unfortunately, he did not send the notice registered mail, but instead the USPS personnel convinced him to use certified mail. I did not find out about this until later.
The bank answered within the 10 days, sending just a copy of the contract. No BILL, or copy of id's were included.
Then he sent a second notice asking for a BILL, and for copy of id's. He gave 10 days. Once again he did not send the notice registered mail, but certified mail. I did not find out about this until later.
The bank lawyer replied saying they did not recognized who was sending the communication, so they were going to disregard that notice. No BILL, or copy of id's were sent.
At this point, my brother comes to me to let me know what he is doing. He sent a 3rd notice asking for a BILL, and giving some terms and condition. This time with an affirmation as sole authorized administrator, and once again asking for a BILL. This time it was sent registered mail.
The same day he sent his 3rd and final PEREMPTORY NOTICE, also he received in his person's mailbox an invitation for the person to appear to a hearing. The bank had quickly placed a lawsuit, with no affidavit attached, using some debt collector weasel lawyer representing "the bank", saying over 6,000 were owed to the bank, and that my brother has not responded to the obligation.
Admiral Scott, and Pete, I have a few ideas of what an administrator should do in such case, but I would like to discuss some law ideas, and hear out things we can do, if we are in a similar situation. Thanks!
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