Backstory - Collection agency sent letter in Feb 08.
I sent validation request certified mail 5 days later.
It was returned "return to sender Attempted not known, unable to forward"
Assumed it was a scam. Received nothing further from them.
Fast forward to today:
May 1 2009 I received a summons to answer a Petition to Confirm Arbitration Award. Attached to it is a letter from the NAF claiming an award was granted and listing my address as one where I have never lived, but the summons was served where I DO live and have lived for 20+ years without break. Same address to which the first letter was sent.
Summons lists Chase as plaintiff and collection agency as their "attorneys"
The Chance account was charged off in 2007
I do not believe CA is working on their behalf
I know I must answer the summons. They pose only two contentions:
1. That I am a resident of this county and in the jurisdiction of my Suprior Court.
2. That an arbitration award was issued and the amount awarded is due and payable by me.
My question: Do I respond simply with #1 Admit and #2 Deny
and leave it at that?
Do I give my reasons for the denial beginning with the fact that the CA didn't exist according to the United States post office therefore it was impossible for me to validate the debt
Do I include in my answer a request to prove the CA is acting on behalf of Chase because if they are not then they have lied to the court.
In other words do I tip my hand at this stage or enter the simple Admit Deny answer and wait for a court date to tel the whole story?
I'm thinking if I list all the facts then the CA will withdraw.
Any advice would be helpful and much appreciated!
Hi Hawk,
You can contact your original creditor and request him to pull your accounts from the collection agency. Reply to the summons on the given date, and listen to the court's version of the story. Tell the court what actually happened, requesting them to allow you fair amount of time to get your debt validated.
If you actually owe the debt negotiate with your creditor. You can also approach a debt consolidation company.They'll negotiate on your behalf.
Hi Hawk
You can simply file a response to the summon with admit or deny, but you should mention the reason why you do not agree to the debt if you deny.
Whatever be the reason on the response form, you will receive a court date where you will be asked to present your case. There, you may ask for debt validation from the creditor. If the creditor presents the fact that you did not responded to the collection notice within 30 days, and as so as per the FDCPA, you owe the debt, you can present them the United States post office receipt that the collection agency did not exist and so your debt validation letter returned back.
Do they give you a chance to deny the award once you do not show up at the hearing? I always thought that was the final straw...if you did not answer the summons and show up the debt was yours.
I would answer this new one and I would keep the evidence of the debt validation letter coming back address unknown. It seems they are not giving the poster a chance to deny the debt so I believe he or she has thirty days to appeal it.
Hi Rachel,
the original creditor will pull the account back from the collection agency? I did not know that. But on that note, the ca claims to be attorneys working FOR the creditor and I would bet my bottom dollar (if I had one left) that they are NOT...that means they lied to the court. This particular ca is well known for that type of behavior. So far I've found 86 lawsuits against them. So if I am permitted in the hearing to reissue my validation request, they have to disclose that...am I correct?
Thanks for the input everyone...
Petition to Confirm Arbitration Award
Hi Hawk,
There is no guarantee that your account will be pulled back by the original creditor. But you can always give it a try and make requests. Whatever the case might be do reply to the summons on the due date. In my opinion the court will give you a chance to validate your debt.
Once the collection agency is required to validate your debt they are liable to produce certain document such as:
1) Any written documents that they are authorized to collect debt from you.
2)Your account payment details,exactly how much you owe, any extra fines that have been imposed for late payments etc.
3) You will also come to know the procedure they have used to calculate your debts.
4) Your previous payment records from your original creditor.
If they can produce the above mentioned documents you will come to know whether they are legally authorized to collect your debt. You can then plan your payment structure.
Good luck and keep in touch
One more question (I think just one more! ;)
Would it be better to attach the new validation request to my answer since a copy will go to the ca, or wait until the hearing and hand it to them then in front of the judge?
Thanks so much for al the help so far!
I don't knwo why that last post has me as "Guest"...but it should be Hawk...sheesh!
Petition to Confirm Arbitration Award
Hi Hawk,
Yes, that would not be a bad idea in my opinion. Ask for a debt validation the day you appear in court. If the collection agency is up to some fraud as you feel, asking for debt validation in front of the judge would leave them with no other option. Good luck and keep us informed.
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