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anna
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Subject: credit validation
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Tue Apr 14, 2009 6:01 pm
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| I just waent to court and got the paper work done for answering the summon, the court clerk told me that I would be getting a court date in the mail, me question is how long does it take for a court date approxiamtely and should I in the meanwhile ask for a credit validation letter, and what other defence tactics should I do to fight my case, please do answer as I want to start to work on it right away. |
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carol
Joined: 27 Jun 2006
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Posts: 1308
28489 Magic Points
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Wed Apr 15, 2009 8:50 am
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It may take even two to three months to get a court date. However, after you get a court date, you should present yourself to the court to defend your case, else a default judgment may be passed against you. In the meanwhile, you can send a debt validation letter by certified mail and wait for their response.
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anna
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Subject: credit validation
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Thu Apr 16, 2009 1:17 am
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| Thankyou Carol for your answer, ,now that I have sent the papers it is getting on my nerves as to how to defend myself. Just wanted to ask on court date how does the judge perceive your case, are they sympathetic or rigid with the defendant and if god forbid you can't defend well and it goes the other way, do they settle for less and make micro installments, what should I expect, till the court date, what preparation should I do and can a person without a lwayer defend well and win do let me know |
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carol
Joined: 27 Jun 2006
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Posts: 1308
28489 Magic Points
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Thu Apr 16, 2009 5:57 am
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As far as I know, the court only gives judgment and does not play any role in the process of debt recovery. If the judgment goes against your favor, you need to pay the judgment money and the creditor can recover the same either by garnishing your bank account or your wage. However, before they start the process of garnishment, you can negotiate with the creditor for a repayment plan and pay it off.
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Hellofamess
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Subject: Debt validation or validate
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Thu Apr 30, 2009 1:05 am
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| Debt validation or validate which one do you ask from the CA and will this 50/50 go ahead and they tried to sue you?... Please advise and show me the way.... |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Thu Apr 30, 2009 5:41 am
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Hi Hellofamess
When you ask for debt validation from the creditor or the collection agency, the creditor generally requires you to validate the debt before they continue the process of debt collection. Unless they validate the debt properly, they cannot sue you to the court to recover the debt. You need to send a debt validation letter by certified mail to the creditor. For sample debt validation letters, you can visit the link letters of credit.
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Where there's a will, there's a way !! |
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Firang
Joined: 28 Apr 2009
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Posts: 59
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Sven
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Tue May 05, 2009 12:04 am
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How much time do I have to give them? They received mine on April 21st. Last time they responded the same day. Now nothing so far. I took the letter that requested:
1. The agreement which authorizes you to collect the debt on the assumed debt.
2. The signed agreement from the debtor confirming to pay the debt.
3. The documents regarding the payments made on this account and validation of the document.
The first letter was a pay-for-deletion. Only sent me a copy of my move-out-statement. That ,I already had myself duh. Apparently they are having troubles now.
I think it's 30 days, right? |
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carol
Joined: 27 Jun 2006
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Posts: 1308
28489 Magic Points
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Tue May 05, 2009 7:16 am
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The Fair Debt Collection Practices Act does not prescribe any time limit by which a creditor needs to validate the debt. However, the creditor has to stop collecting of the debt till the time they validate it. Moreover, the FDCPA is also silent about what should considered a proper debt validation. As a proper debt validation, the creditor can send you a statement showing the details of the amount already paid and the outstanding.
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Carol |
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Sven
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Thu May 14, 2009 9:50 pm
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| The CA only sent me a plain move-out statement when I first sent them this letter. About 1 month ago, I sent them another letter saying that I want a signed agreement etc. that they are allowed to collect the debt ( the letter someone posted here that requests 3 things). They have not responded yet. I will send them another letter now. The follow-up letters here basically threaten them that you sue them etc. Is that an apporpiate letter in my case? They did send me something, but basically no real prove ( I had that move-out statement myself anyway ). Or can they disregard the second letter cause they already supplied something? |
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Shane Mac
Joined: 23 Aug 2008
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Posts: 22
Location: In the South
913 Magic Points
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Subject: Anna ,, Hope this is not too late ,, It is the law firm
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Sun May 17, 2009 5:01 pm
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Anna ,, Hope this is not too late ,, It is the law firm that has purchased the account. Please reply to the summons that you do not owe the amount. Or you do not acknowledge the account as yours.
Very Important.
If you say you owe the amount it’s pretty much over with. |
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Firang
Joined: 28 Apr 2009
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Posts: 59
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rachael
Joined: 11 May 2009
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Posts: 244
6581 Magic Points
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Thu May 21, 2009 8:32 am
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Hi Sven,
Following are the 3 documents that the collection agency(CA) should provide you, when you ask for debt validation:
1) Any written proof that the CA has either purchased the debt or has been assigned by the your original creditor to collect the debt amount.
2)Your account payment records, so that you can verify the debt amount and any late fine that have been included.
3)Either the copy of the original contract between you and your creditor or the account statements from your creditor.
If you haven't received these documents you should send follow-up letters to the CA. You may mention in your letter that according to the FCRA, if the CA is not able to validate the debt, you are no longer liable to pay the debt amount.
_________________
Looking forward to a debt-free life. |
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scott
Joined: 28 Jun 2006
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Posts: 462
10934 Magic Points
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Thu May 21, 2009 11:17 am
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Hi Sven
| Quote: | | The follow-up letters here basically threaten them that you sue them etc |
Did you find a sample of a follow up letter the Letters of Credit section? What document did the collection agency send you when you requested for debt validation?
| Quote: | | Or can they disregard the second letter cause they already supplied something? |
Whether the collection agency will disregard your repeated debt validation letter, is totally up to them. But under the FCRA, the CA has to stop collection practices until they are able to validate the debt.
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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Sven1
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