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Donkc_29
Joined: 07 Jan 2010
Donkc_29's page
Posts: 1
51 Magic Points
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Subject: Proper Debt Validation?
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Thu Jan 07, 2010 8:44 am
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| I have read alot of good advice in this forum and I am in need of some myself. I had a car loan 3 years back and I lost my job. I had to turn the car in because I was no longer able to afford it. Well a collection agency picked up the tab but I never responded to them. Almost 3 years later I get a summons that I'm being sued for this debt by the collection agency's attorney. I went to the courthouse and filled out an answer form denying the debt and then I sent a request for a debt validation letter to this attorney. He sent me debt validation back but I'm not sure if it's the proper validation. All he sent me was a copy of my vehicle purchase from the dealership with my signature on it. He did not send me anything from the finance company that shows how many payments I made. The letter does say who the financing company was, an account #, and the amount owed. My question is where do I go from here? Will this hold up in court? Should I send another debt validation letter requesting information from the financing company? Also, I am in Arizona, can they garnish my wages? What will most likely happen if this goes to court? Thank you everyone for your help. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Fri Jan 08, 2010 1:18 am
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| Is the paper they sent you the original contract that you signed at the dealership? I bought a car recently and there was an actual contract that I signed. I am not sure what SOL would apply when it comes to a car loan..I think it is a promissary note. So the six years has not passed to protect you. You may have to pay up. |
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Guest
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Fri Jan 08, 2010 1:31 am
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| Yes, it is a copy of the signed contract from the dealership. There is nothing from the financing company however that shows what payments I made. Isn't more verification needed? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Fri Jan 08, 2010 1:37 am
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| Then that is proper validation. I would make repayment arrangements with them before they take you to court. If you can not pay and they do take this to court they will first give you a mediation meeting with attys that are not for either sides. They will help try to come up with a repayment plan that works. You should however be able to do this yourself before it reaches that level. Good luck. |
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Fri Jan 08, 2010 1:41 am
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| Thank you for your help. So you suggest that I contact their attorney and see if I can set up payments? It's not too late for that if I've already been summoned? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Fri Jan 08, 2010 1:48 am
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| Yes. They may be able to stop the summons but if not be sure to follow this matter through. Call them and see what cna be done. If a court hearing is set up make sure you attend because if not they will be get a default judgment and attach your bank account and wages. Also if they agree to repayment ask for a settlement amount and a pay for delete. A "PFD" is an arrangement in writing that if you pay off the amount they will remove the mark from your credit report. |
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Fri Jan 08, 2010 10:57 am
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| Thank you for your help fireyone. I did just today recieve a court date for pretrial, does that make it too late to try and negotiate a settlement with the attorney? Also how much are the attorneys willing to work with you? We are facing hard times right now along with so many other Americans. Just wondering if they're likely to settle for less and will they work with you on payments. Thanks |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Fri Jan 08, 2010 11:00 am
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Hi Donkc_29
Unfortunately for you if you owe the debt you have to pay it. Denying that it is yours would only trigger their efforts to take you to court. If you have paper works regarding the money you have already paid, you could take it to the CA and discuss how to take your payments further. If you are not in a position to pay then tell them. You can work out a payment plan along with them, to make the payment on the loan that you have taken. It is their money you have borrowed and definitely they will want it back.
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Carol |
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Fri Jan 08, 2010 12:06 pm
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| This has gone to the CA's attorney and I just got notice of a pretrial conference coming up. My question is, is it too late to try and work something out with the attorney? Can I avoid going to court if I do? Will they settle for less since they did purchase this debt from the finance company at pennies on the dollar. Are these attorneys likely to try and work something out with you? Thanks Carol |
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AnyaRostov
Joined: 09 Jan 2010
AnyaRostov's page
Posts: 13
270 Magic Points
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Subject: Never too late to settle
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Sat Jan 09, 2010 3:32 am
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Why are you being sued? Answer-Someone wants your money. It is never too late to start settlement negotiations. They want your money and they want to do as little as possible to get it. Open the dialog and use your best haggling skills.
If you need some help, you might want to consider professional debt negotiators at links removed as per forum rules or a self-help book at links removed as per forum rules Direct dial is (614)453-5963. |
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Subject: what about this piece of advice?
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Sun Jan 10, 2010 5:02 am
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Originally Posted by Donkc_29
I had a car loan 3 years back and I lost my job. I had to turn the car in because I was no longer able to afford it. Well a collection agency picked up the tab but I never responded to them. Almost 3 years later I get a summons that I'm being sued for this debt by the collection agency's attorney. I went to the courthouse and filled out an answer form denying the debt and then I sent a request for a debt validation letter to this attorney. He sent me debt validation back but I'm not sure if it's the proper validation. All he sent me was a copy of my vehicle purchase from the dealership with my signature on it.
That's not anywhere good enough and the attorney has violated federal law. If you want to know what constitutes debt validation you need to see the case of Fields vs Wilburlawfirm (7th Cir. Ct. of Appeals) in which judge John Woods laid it all out telling exactly what a debt collector must do in order to validate the debt.
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He did not send me anything from the finance company that shows how many payments I made. The letter does say who the financing company was, an account #, and the amount owed. My question is where do I go from here?
You filed your response which according to what you said here was probably fairly good. You should have sent a certificate of mailing and a demand for admissions. As it is, this attorney has two separate violations of federal law.
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Will this hold up in court?
That depends on how you argue the case and the judge. Law of averages says that you will lose in local court no matter what you do. However that is not a reason to let it go to judgment without a good hard fight. You need to fight the right way even though you should already know that you will probably get beat in local court. The reason to fight on against all odds is to see if you can't get some more violations against the lawyer for later use in federal court.
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Should I send another debt validation letter requesting information from the financing company?
No! First of all it will do you no good at all and secondly why do you want them to give you a proper validation? The purpose of a debt validation letter is not to actually get one but rather to get a failure so you can sue them later on. You already have the failure you needed to win so why goof it up by asking for that which you really did not want in the first place whether you knew that or not.
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Also, I am in Arizona, can they garnish my wages?
Yes they can. They can also garnish any money in any bank accounts that may be in your name or are a signatory to. Don't close any bank accounts. Just keep them drained down to a bare minimum. Get your name off of any bank accounts that you may have a joint signatory relationship with such as custody accounts for children or whatever. If you have a joint account with a spouse get your name off of it. If your employer is paying you through EFT then immediately demand paper checks so that no money gets put into your bank account.
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What will most likely happen if this goes to court?
You are going to lose, that is what is going to happen. Count on it. But learn how to live without bank accounts for the time being. Use postal money orders to pay bills with. Learn how to keep them from seizing any vehicles you may have which are free and clear. They will take anything they can. Go to and click on the link for your state then go to courts and judgments and look for the red dog in the upper right hand corner. Click on the link for judgment and learn what they can and cannot take as a result of garnishment. Learn how to protect vehicles by getting liens on them. Don't try to hide them by putting them in someone else's name. That won't work and will just get you in trouble.
Also learn how to prepare and send demand for admissions then use the results to demand production of documents and if necessary use demand for interrogatories. It usually isn't necessary to use interrogatories at all.
Who are they going to use for witnesses at the trial? Anybody? If not then learn how to put the lawyer on the stand and question him/her. Once you do that the lawyer can't do anything more for his/her client. Remember that the lawyer has no knowledge about the case other than what his client has told him. That is hear say evidence and can't be allowed in court. No witness, no case.
Once your local court case is over then is the time to take the lawyer to federal court and sue the pants off of them.
The reason you can't win is because the only issue before the court is whether or not you owe the debt and you know you owe it. The lawyer knows you owe the debt and so does the judge.
The reason you win in federal court and make it all go away is because they broke the law. You know they broke the law and you can prove it. The only issue before the federal court is whether or not they broke the law. They have no more defense than you had in local court so they lose. |
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AnyaRostov
Joined: 09 Jan 2010
AnyaRostov's page
Posts: 13
270 Magic Points
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Mon Jan 11, 2010 10:28 pm
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| The courts say verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. Consistent with the legislative history, verification is only intended to "eliminate the ... problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid." There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt. Chaudhry v. Gallerizzo, United States Court of Appeals Fourth Circuit, 174 F. 3rd 394, 406. |
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dd
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Subject: civil summons for credit card debt
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Sat Jul 24, 2010 4:44 pm
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| the county sheriff came to my door step less than a week ago and served me with a civil summons saying Midland Funding LLC was sueing me for a credit card I had about 6years ago. How can I respond to the summons. I cannot afford an atty |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: summons
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Wed Jul 28, 2010 9:50 am
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Hi dd,
Nowadays there are many attorneys who provide free advice. So, you need to find out if there are any such free consultation attorneys in your area. For answering to the summons you can also request the court clerk to help you.
Thanks,
Aaron
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