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ownthepot
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Subject: being sued by collection agency
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Tue Jan 12, 2010 11:29 pm
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| I am being sued for a credit card debt that is within the SOL. I would like to have the debt validated, but was never able to as I never got any letters from this company until the papers that I was served! How do I know that this company rightly deserves payment and truly own the account now? |
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debranewell2008
Joined: 10 Oct 2009
debranewell2008's page
Posts: 594
99 Magic Points
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Wed Jan 13, 2010 12:31 am
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| I would still send debt validation. Because it is your right to know that the debt is yours before you pay anything on it. My question is how do you know it's within the SOL if you don't know it's your debt? |
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ami
Joined: 12 Jan 2010
ami's page
Posts: 8
164 Magic Points
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Wed Jan 13, 2010 1:07 am
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I agree with debra. Just send the validation. Then while you are waiting on that find out your states SOL and when the validation comes back see if you are past that. If so the court hearing should be short 
Just make sure you go to court weather or not you have the validation letter yet. |
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ownthepot
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Wed Jan 13, 2010 1:15 am
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| its not that i do not know that its mine it appears to be mine the major question is does this comapany have the rights to collect on it, or in a year will another company claiming the same debt come and sue me! I have heard of companies claim that a person owe a debt that has alraedy been paid, or so the person thought, and the end result is that you the person is screwed cause you should have looked into it more!! I have never got a letter from this company claiming that I now owe this debt to them, I though the OC still had it, until I got these papers! Understand |
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ami
Joined: 12 Jan 2010
ami's page
Posts: 8
164 Magic Points
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Wed Jan 13, 2010 1:29 am
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| it is my understanding that the validation would not only validate that you have a debt, it would validate that this particular company currently owns or is responsible for collecting on the debt. so if you send a validation letter and they send back info then you should know that if you pay them no one else can come and sue you. If someone did sue you again after you paid it just send a validation letter to them as well. Only one company should be able to claim it. Does that make sense? |
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Ownthepot
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Wed Jan 13, 2010 1:53 am
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| Ok but I dont have 30 days to wait, and at this point are they required to even validate it? |
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AnyaRostov
Joined: 09 Jan 2010
AnyaRostov's page
Posts: 13
270 Magic Points
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Sat Jan 16, 2010 2:49 pm
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In order for the debt collector to even be required to respond to a debt validation request, the request must be sent to the debt collection within 30 days of initial contact by the debt collector.
If this is already in litigation, you can submit discovery requests, in this case a Request for Production of Documents which requests all the information you are looking for. |
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