I'm being sued by Gamache & Myers PC.
There was a sheriff's officer that brought the summons to my home this afternoon, 7-19-09 (on a Sunday is weird). Anyway, it was signed by a county clerk on 6-26-09 (23 days ago). On the summons it states that it was to be served no less than 10 days, or more than 30 days prior to the court date. Court is set for this Tuesday, 7-21-09 (2 days). Also, he gave it to my husband instead of me, didn't fill out ANY of the info regarding his name and signature, who he served it to, where it was served, or the date and time.
What can I do in regards to the validation letter and court, so there's obviously no way it would reach Gamache & Myers PC before Tuesday. I had NO ample time to send a validation letter since it was served 2 days prior to court.
Hi blueyedgrl
I would suggest that you go to court on Tuesday. A summon should not be ignore. It could go against you. However, you can still seek debt validation at the same time. Let them validate your debt and then think about paying.
Collections
I came back to the US after 3 years and have collections on my account.
I contacted the banks and they forwarded me to the collection agencies. Now I have paid 50% of what I owed but never got it validated.
All the letters sent by the CA said that" they will no longer collect debt from me after the amount agreed has been paid"
Can I still get these deleted from my account?
What if i never get the settlement letter?
Should I still send the validation letters? I paid only 50%. What if its validated and I have to pay more.
Az
You can get these deleted with a pay for delete letter. You may get into a settlement with the CA (and all in writing) to remove this debt from your account after the agreed amount has been paid.
You could still seek debt validation. Do you have a written agreement according to which you have paid the 50% debt? If no, there is no problem. If yes, you can further think of disputing the debt if you think it is not the right amount you owe them.
Carol,
I never got a paid for delete letter and made all the payments. My settlement agreement letters only states that the "CA is not going to contact me anymore after the final payment has been made" and another states " I will receive the paid account letter after payment has been made".
Now that all the payments have been deducted from my account.
-Should I still send them a validation letter? I havent received the settlement letters yet so dont want to screw things up.
The 50% is still more than i should have paid but CA said that they are interest on top of that coz i havent paid for so many years. Like i paid 2500 on one my account which is 50% of what the CA told me. but I think I should have been asked for 2000 which was 50% of the original amount.
I already have written agreement that I will pay the specific amount. How can I dispute now?
I actually ended up stopping by the judicial building this morning on my way to work. I spoke with the clerk that had signed the summons, and of course she agreed that 2 days prior to a court date was unacceptable and rescheduled it for me.
Now I have a new questions, if you're interested in guiding me through some of this mess. If so, the questions are:
On the petition attached to the summons it states the name of the OC, account # and balance owed. But, no address for the CO, proof that the debt was purchased directly from the OC, or actual statements from the OC. Only a statement from their company (Midland Funding LLC). Also, this company states in the petition that THEY are the Plaintiff, and the holder of a valid assignment of an account that originated with **** OC.
Farther down they state, "Defendant & Plaintiff had previous financial transactions related to the credit card issued to the defendant by Plaintiff, at the Defendant's insistence & request". I've never had any transactions with THIS company, and they didn't issue the card to me. Yet they claim this because they are the Plaintiff now.
Does any of this mean anything? Any suggestions on what to do next, with the exception of sending that validation letter. It'll go out tomorrow.
I got this in my inbox and thought if anybody would like to share their thoughts on this. So, I am posting it here.
Anyway Hi Blueyedgrl
Now that you have received a letter from the CA you don't have to do anything. Send in your request for debt validation and let them work a little for the time. They need to prove that they own the debt now and that you have to pay them. For this they need to produce some documented proof (e.g. a written agreement with the OC or any other CA from whom they have purchased your debt). You may also ask for a payment history to see how your debt has been calculated. The most important thing in this is the copy of the original signed loan agreement or the credit card application. Without this the loan may not be validated. So ask them to validate your debt and you can relax till then, or maybe use the time to plan how you are going to make your payments. Anything more and I'm there to help. Feel free to ask :)
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