Summons for debt I do not owe

Submitted by Anonymous (not verified) on Thu, 06/11/2009 - 09:29
Forums

I bought some furniture and when it was delivered I saw that it was damaged. The next day I sent it back to the furniture company and asked to replace. They said no. I asked for a refund but they said it was not in their policy and they would send back the furniture to me after repair. But I did not want the damaged furniture and called them many times to refund. Finally I disputed the charge on my credit card and won.

After six months I collection agency called me for the same furniture debt. I sent them a validation request, there was no response. After 6 years I have got summons for the same debt, but from a different CA. What can I do now?

Hi Fred,

File a response to the summons as soon as possible. If you ignore the summons, the collection agency can enter a default judgment against you and garnish your wages or bank account. If you are able to produce in court, a copy of the validation letter you sent to the first CA or the dispute letter to your credit card company, it can prove that you do not owe the debt.

Even if you do not have the paperwork to support your viewpoint, you should mention in court that you had disputed the same debt with your credit card company, and won. There is good chance that the court will verify, with your credit card company. You can also take the help of an attorney, who will defend your case. I have heard that in such cases, if you win, you may be refunded the attorney fees and other costs as well.

Thu, 06/11/2009 - 09:56 Permalink
guest (not verified)

"If you are able to produce in court, a copy of the validation letter you sent to the first CA or the dispute letter to your credit card company, it can prove that you do not owe the debt". -- can you explain this clearly??

Fri, 06/12/2009 - 10:05 Permalink

Hi Guest,

Fred mentions in his post that he had sent a validation request for the same debt in question, when he got the first collection call. He had also sent a "Dispute Letter" to the credit card company for this debt, and had won. I think Scott is referring to copies of the "Validation letter" and "Dispute letter" of the same. Actually it is always advisable to retain copies of all documents you sent to the creditors or collection agencies. Often they can be produced as proof to support your viewpoint.

Hope I have been able to explain. :)

Fri, 06/12/2009 - 10:32 Permalink