New and have questions

Submitted by po boy77 on Thu, 01/22/2009 - 17:37
Forums

I recieved a letter : Original Partition with request for disclosures & admissions.It pretty much says there suing me for a credit card debit..It says I have 20 days to respond.

My questions are if I try to make a deal with them,what do I ask [ payment,documents ]Also do I talk to the lawyer that is on the letter or do I contact the card holder.Please help.

Sorry for any typing problems I am visibly impaired.

If the debt is with in the statute of limitations and it is still owned by the original creditor then I would try contacting them to maybe reach some type of debt settlement. If it is with a collection agency I would want debt validation before paying them. Either way you must file a response to the summons so you will need to get that done first. Once completed send out a debt validation letter if its a debt collector. What is the date of this debt? What state are you from and when was the last payment?

Thu, 01/22/2009 - 23:53 Permalink

I live in texas,the debit is a year old.Last payment was over a year ago.I tryed to contact BOA and they said they no longer have the account.The account has been sent to the lawyer on the papers.They were closed when I called this evening.So will try again tommorow.The date on the letter is 1/7/09.

What do I put in the debt validation letter.Will it buy me more time.My biggest problem is I am on a tight budget.I had to get on disability.Will a lawyer help ?I am so confused !

Thank you for your response.

Fri, 01/23/2009 - 01:03 Permalink

Hi Poboy
Since you have received an "intend to sue" letter by the creditor, you should immediately ask for debt validation to be sure whether you owe the debt to the creditor or not. They need to validate it within 30 days from the date they receive your letter, you should ask them for a settlement plan so that you can pay off the debt. Even if they sue you to the court without validating the debt, they cannot bring judgment against you. Always send debt validation letter by certified mail as a proof that you have asked for debt validation. This will help you on the court date to defend yourself.

Fri, 01/23/2009 - 04:48 Permalink

Poboy..what type of disability are you on? Is it social security issued by your state? If so they can not attch this money even if they take you to court. They can still get a judgement if they can validate. You may have to find someway to work with this creditor if they can validate and your money is not from Social security.

Fri, 01/23/2009 - 11:57 Permalink

Thank you all for responding.I will send the response letter to the court house first of next week followed by a DV letter.I am working with the creditor right now,will let you know how it gos.On the citation letter there are sevral queston that I am to respond to. It has plainifs first request foradmissons to defendent.How do I go about ansering them ?

Sorry for the typing as I am visably disable.

Fri, 01/23/2009 - 16:03 Permalink