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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Wed Jan 14, 2009 9:46 am
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If you send a DV letter to the creditor and the creditor do not respond to the request within 30 days of receipt of your letter, then as per the fair debt collection practices Act, the creditor loses his right to collect the debt. If the creditor cannot validate the debt, you can ask the creditor to remove the listing from your credit report. However, if the creditor do not remove the listing from your credit report, you can send a dispute letter to the bureaus telling them that you do not agree with the listing. You can find sample debt validation letter if you visit the link letters of credit
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Where there's a will, there's a way !! |
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lizze
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Subject: summons response
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Wed Jan 14, 2009 8:56 pm
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| i have to submitt my written response...any suggestions...chase sold my account to dodeka and now they are suing me. Im currently unemployed and the amount i am being sued is nowhere near what i owed chase. |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Thu Jan 15, 2009 9:29 am
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Hi lizze
If the creditor has sued you to the court to recover the debt, and you have received a summon for that from the court, you should first file an answer to the summon with the clerk's office in the court from where you have received the summon. Next, you can send a DV letter by certified mail to check whether you actually owe the debt or not to the collection agency. The CA must validate the debt properly in order to claim the debt.
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Where there's a will, there's a way !! |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sat Jan 17, 2009 5:52 am
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That is true, just because they sue you does not mean that they have the right to collect the debt, after you send the answer to the court, you should send the debt validation letter. Send it certified, return receipt requested, if they do not respond you will have proof that you have requested and you can present this proof in court. You can ask them again in court for validation, if they don't present it, you should have a valid win, they have to validate before they can make you pay.
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Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Mon Jan 19, 2009 1:12 pm
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Hi Lizze
Since you have already file the response, the next step is to send a debt validation letter. If they cannot validate the debt within the court date, they cannot bring any judgment against you. However, if they can properly validate the debt, I would suggest you to come to a repayment plan and settle the debt outside the court since a judgment in your credit report will lower your credit score. In most cases the amount for which you are sued exceeds the amount you actually owe. This is because of the interest and other payments.
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All the Best 
Justin |
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girl
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Subject: Summons
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Tue Jan 27, 2009 3:33 pm
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I owe ballys total fitness and they send it to collection I went through tough times and wasn't able to pay.I called the collection company and made payment arragements few days later I received a summons. Do I respond to court saying we came to an agreement and mail copy of check?
How do I word this summons? Or do I present my self on the court date? |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Wed Jan 28, 2009 11:12 am
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Since you have received the summon, the first thing you should do is to file an answer to the summon. If you have already made a payment to the collection agency, then you must have the document which you can produce to the court on the court date as a proof that you no longer owe the debt. But make sure that you file an answer to the summon by visiting the court which has sent you the same, else there may be a default judgment against you and you may be required to pay for the same debt again.
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Where there's a will, there's a way !! |
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kara
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Subject: Debit validation
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Tue Feb 03, 2009 8:06 pm
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| I think I have a similar problem. I have a 3rd party collection agancy trying to collect $3500.00. Thaey have not sent a summons. Just letters treatening to. Can at this time, I request validation from them and the neccessary steps there after? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Wed Feb 04, 2009 2:17 am
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| Hello Kara, Yes you should send a debt validation letter by certified amil as soon as possible. Most times third party collection agencies purchase old debts for pennies on the dollar but do not get enough information or debt validation to be able to legally collect on that debt. This is just one reason why you need to get that debt validation letter out by certified post as soon as possible. If you need help with a letter you can find sample ledtters here at the credit magic forum under letters of credit..right side of your screen under financial tools. |
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kara
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Subject: THANK YOU, THANK YOU
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Wed Feb 04, 2009 3:42 am
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Fireyone,
Thank you sooo much for the info. I have notice in one of the letters they sent, it states that they purchased the account. So as I'am writting this, I'am looking at validation letters now to send out tomorrow. Again, thank you. I'am so happy I found this site.
Kara |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Wed Feb 04, 2009 6:35 am
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Hi Kara
If they claim to have purchased your account, they must send the proof that they have purchased it from the original creditor along with a copy of the original signed contract between you and the original creditor as a reply to your debt validation letter. The validation must be made within 30 days from the date they receive your letter. Even if they send you summons and sue you to the court to recover the debt, they cannot bring judgment against you unless they properly validate the debt.
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Keep in touch
Carol |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Wed Feb 04, 2009 6:43 am
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If they cannot provide you with the documents within 30 days, you can send a second letter telling them that they have violated the Fair Credit Reporting Act and so they should remove the information from your credit report. Make all correspondence with the creditor by certified mail. If they still do not remove the negative info from your report, you can send a dispute letter to the CRA along with the copy of the return receipt that you have received while asking for debt validation and the bureaus will get it removed.
If the collection agency has not listed their name against the debt in your credit report, and at the same time did not validate the debt, you need not pay them. If they sue you to the court, you can produce before the court the copy of the return receipt, and the judgment will go in your favor.
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All the Best
Justin |
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kristi
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Subject: help
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Sat Feb 07, 2009 4:24 am
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my husband just received a letter from a lawyers office stating that he owed a company 1600 dollars and they are going to appear in court on february 25, he received the letter on the 5th of february, but no where on there does it say he has to appear nor does it say summons to appear. we went to the court website and all the info was there, and more. it stated he was sent more of these letters since august of 08 which we never did. we have no clue who this is, what its about....do we go?? according to the info on the court site, those papers that were sent in august through november stated it was through court and we never got it so we never attended. i just don't want anything to happen, and i don't think they gave us alot of time. and aren't they supposed to send it certified mail??
thanks for any help you can give |
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Shane Mac
Joined: 23 Aug 2008
ShaneMac's page
Posts: 22
Location: In the South
913 Magic Points
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Subject: The New Bread of legal organized crime on the American peopl
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Wed Feb 11, 2009 4:48 am
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The New Bread of legal organized crime on the American people.
Page 1- Please Read to the end!
In 2008 I received a civil complaint from Oconee county court in South Carolina by Plaintiffs Brock& Scott,, representing a company called Channel Group LLC,(I have never heard of)- the complaint was for a debt. I answered the complaint to the courts and to the plaintiffs with my answer in denial of the debt at the inflated rate stated in the complaint.
I then received a summons to appear in summary court for a summary judgment hearing to be held on 10/06/2008. I appeared in court on 10/06/2008 and filed motions with the court asking for discovery and validation and also verification of debt and that the debt was mine. At the end of the hearing the judge said he needed 30 days to review the case.
On 12/08/2008 I received the judge’s order and decision awarding the collection attorneys the judgment. (Still was waiting on debt verification and validation at this time).
On 12/22/2008 I filled a motion to vacate the judgment with courts of Oconee South Carolina with the main reason to vacate being that I never received an answer on my request for validation and verification of debt as requested in court on 10/06/2008.
I then received a summons to appear in court on 02/02/2009. I appeared in court and made my appeal to the judge stating I never received verification or validation of debt and felt my consumer rights have been violated and respectfully request that the judgment be vacated.
On 02/07/2009 I received the judges ruling. The ruling was that my motion to vacate the judgment was DENIED! , No reason given by the courts – Just Denied!
HELP! - All I was looking for in court is for the law to be upheld. Why do I feel the courts just stripped me of any rights I might have had?
Times are tuff for a lot of Americans and I am no exception. My family and I are just barely making ends meet. If I could have afforded a lawyer on this case, I would have, but that is just out of my financial reach.
I plead and request as a very humbled citizen of the United States for the help of this agency FTC.
Respectfully
Jessie James – New Bread!
Special Note:
Page 2 consists of my thoughts on the only court appearances I have ever had in my life.
Page 2
It appears not only the bottom feeding lawyers that are buying junk debts for pennies on the dollar, are making a huge,, HUGE,, profit,, but the state of South Carolina courts and the judges are cashing in on this profit as well!!
(Reason) My federal rights under the FDCPA act were not, even considered in the case and that, I as Prose, may have not filed the proper court paper work even though I stated in all motions entered that I have not been schooled in the procedures of law. It appears that the judge’s decision was bias in both court appearances. (Bias) meaning – to describe a tendency or preference towards a particular perspective, ideology or result, especially when the tendency interferes with the ability to be impartial, unprejudiced, or objective.
This Bias decision goes far beyond the constitutional founding rights of every American in this country and the oath sworn in by every South Carolina Judge and all other state judges nationwide.
We as Americans have the constitutional right to defend ourselves with a jury of our pears.
(I have yet in this case –to have my constitutional right observed) but a bias judgment ruling twice has been made. Since there were no reasons on each ruling given to the defendant, I take the rulings to be strictly a bias opinion of the judge on each of the rulings. (*Ref.)
(* The defendant –as Prose has not been schooled in the art of law and must be given respect as such.)
In both of my court appearances, as I was leaving the court, the plaintiffs’ lawyer was called to the bench of the presiding judge without my witness of the derogatory conversation given. I can only suspect and assume that there was a hidden agenda transpiring about my case without my knowledge and approval. This is, in my (the defendants perspective) this type of actions should not be allowed by courts and state officials. Derogatories at the bench from the Judge should include both parties without question.
I have always been a law abiding citizen of the United States and of the state I live in. Never have I been convicted or accused of any crime nor have I ever considered being a part of a crime.
After going through the above legal system process, and with the legal thieves winning, and after I have offered full payment of the original principle amount but only being denied!!!! .
After 43 years of my life, I really think after all this, and allowing the legal organized crime bosses to legally steal inflated amount of debt. I am really considering being the next Jessie James of modern times. Why Not – It has become legal to steal inflated debt from hard working Americans that have fallen on hard times – But have tried to pay and willing to pay what they can but is rejected because judgment interest is more profitable when the legal mafia decides to collect.
I have filed a Federal complaint against the state and the legal organized crime lawyers feeding on the misfortune of middle to low class Americans that are really trying to make a life for their family.
This is a true shame of our nations Lawyers that have had the fortune to acquire a law degree to feed on the misfortune of others. Help and understanding is the true law of freedom in this land of the free and brave. The criminal organized lawyers resorting to this torture of the humane US citizens should be barred for life from practicing any form of law- period.
We the FTC have received your complaint.
Thank you for contacting the FTC. Your complaint has been entered in a secure online database available to thousands of civil and criminal law enforcement agencies worldwide. Your reference number is Jessie James (the new bread) fighting for the hard working people of America.
Here are links to the publications you may find useful:
FAIR DEBT COLLECTION
If you want to update your information or have any questions, please call our Consumer Response Center, 1-877-FTC-HELP. Keep your reference number handy.
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Shane Mac |
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Guest
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Subject: sample letter to ask more time to answer a summons
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Fri Feb 13, 2009 8:52 pm
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| sample letter to ask more time to answer a summons |
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