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tikya
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Subject: credit card debt/collection
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Mon Oct 26, 2009 7:30 pm
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| i received summons, 2 actually. I enrolled in a settlement program and paying them monthly for that. I m paying 2 settlements/accounts (2 summons that being settled by the company) already monthly for 2 accounts that i included in the settlement program . I spent the savings that supposed to be for the settlements due to family crisis that it needed to attend to re: death in the family. How do I answer the summons? do i need to admit it? Do I need to write a letter? how?can u help me? do i need a hardshipletter? and a budget plan? im scared really... |
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Rick
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Subject: Please help!
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Sun Nov 01, 2009 12:45 am
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| I received a letter regarding a firm may sue me if I dont pay their debt. I sent for a debt validation letter and received a summons. I never received validation. I plan on answering the summons, but what should I do next? |
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wcorawood@aol.com
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Subject: debt validation
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Sun Nov 01, 2009 3:54 pm
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| I was served papers in Jan. 2008 and then recieved a letter after to to settle out of court. I responded that to my knowledge I did not owe debt and they needed to send documents to prove I owed the debt and sent copy to court and attorney. Nothing was ever sent to me. Its been a year and a half. Then recieved cort date after notice of dismissal. Apparently new attorney requested to resume lawsuit. Can I file a letter like the one above to attorney and file with court? My final contest is in Dec 2009. |
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corabeth
Joined: 01 Nov 2009
corabeth's page
Posts: 2
33 Magic Points
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Subject: dismiss lawsuit
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Sun Nov 01, 2009 4:20 pm
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| Can I submit request to drop lawsuit after final contest hearing is set for failurte to prosecute and failure to validate debt? |
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debranewell2008
Joined: 10 Oct 2009
debranewell2008's page
Posts: 594
99 Magic Points
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Sun Nov 01, 2009 4:44 pm
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Hi corebeth,
If you have a lawsuit then I going to assume you have an attorney. So if I were you I would ask your attorney to be on the safe side. But if they couldn't validate the debt why would you want to? If it was me I believe I would take my proof to court and the judge it most likely going to rule in you favor. |
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corabeth
Joined: 01 Nov 2009
corabeth's page
Posts: 2
33 Magic Points
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Subject: dismiss lawsuit
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Sun Nov 01, 2009 5:37 pm
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| No I don't have an attorney, not yet. I really can't afford one. After they filed papers they sent letter to me requesting to settle out of court in January 2008. Recieved notice that final contest hearing set for December 2009. I don't recall this credit card. Its taken 18 months to get this notice and its now a new lawer. I requested documents on debt in January 2008 in response to settlement letter but they never sent anything to me. |
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debranewell2008
Joined: 10 Oct 2009
debranewell2008's page
Posts: 594
99 Magic Points
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Sun Nov 01, 2009 5:48 pm
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| Did you check the SOL for your state to see if it has past. And if you sent the debt validation letter did you send it certified with receipt? |
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Marie
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Subject: debt validation
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Sun Nov 15, 2009 12:11 am
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| I sent a QWR for validation of debt. The only response I got is a modification paclet. I filled it our but want validation of amount claimed I owe. no response after almost two months. What are my options before accepting any modification agreement? |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Sun Nov 15, 2009 2:29 am
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| You have the right to proper debt validation, you can request it again, did you send the first one certified mail, return reciept requested? If not, make sure that you send the next one that way so that you have record of you sending it and them recieving it. |
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Elixir
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Subject: CA
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Wed Nov 18, 2009 8:19 pm
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| What does CA mean? |
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trina
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Sun Nov 22, 2009 7:37 pm
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| Would I need to send a validation letter to just the original debtor or to the collection agency as well? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Fri Nov 27, 2009 5:47 am
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Hi Elixir and Trina,
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| What does CA mean? |
CA means collection agency.
Trina, you cannot send a debt validation letter to the debtor. It has to be sent to a creditor. Now, if there is an old debt which you do not remember or you think that the debt does not belong to you, you need to send a debt validation letter. Usually it is sent to the organization that is collecting on the debt. If it is the original creditor, then you send it to the original creditor. If it is a collection agency, then you have to ask them to validate the debt.
_________________
All the Best 
Justin |
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Carol162228
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Subject: Notice of Filing of Civil lawsuit
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Thu Dec 10, 2009 2:08 am
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What is this? It says Courtesy Copy of lqwsuit which has been filed against you. The enclosed lawsuit has been filed and a citation has been issued by the Clerk of Court. This leter does not constitute "service" of the lawsuit andyou are not required to file and Answer at this time?
What do I do?? Please help! |
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Carol162228
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Subject: Notice of Filing of Civil lawsuit
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Thu Dec 10, 2009 2:13 am
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What is this? It says Courtesy Copy of lqwsuit which has been filed against you. The enclosed lawsuit has been filed and a citation has been issued by the Clerk of Court. This leter does not constitute "service" of the lawsuit andyou are not required to file and Answer at this time?
What do I do?? Please help! |
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pblakk
Joined: 10 Dec 2009
pblakk's page
Posts: 2
50 Magic Points
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Subject: DV letter to CA -
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Thu Dec 10, 2009 2:27 am
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Hi guys,
I was dealing with one CA for a valid debt that I still owe for a credit card account. I called them back today (after having missed a couple of payments - they had been trying to reach me for a few days) and they won't give me the time of day and only refer me to a new agency with their 800# and how they can't even discuss my account any longer, because their computer system has shut down their ability to even see my account - 4 different reps. told me the same thing.
I call the new 'agency' named James A. West, P.C. (apparently a Houston, TX attorney). They were very rude and threatened 'further action' if I did not pay; they claimed they had received my account just today! Anyway, I actually set up a payment and then called back to cancel after some internet research on this topic.
But I asked for documentation and they faxed a general notice over to me. Problem is, my credit card company has no knowledge of this 'agency' and only has knowledge of the first collection agency. .....
So what is this, my debt got sold off? My CC company told me on 2 occasions that I can still make payments with them directly, and that they own this account still. Also, this 'new' agency claimed that it is merely in default, and not 'charged off.'
I do not reside in the same state as James A. West, P.C. Can they even pursue legal action against me?
My real question is, should I even bother at this point to send me a DV letter? (I have one prepared ready to go anyway). Also, assuming I understand it correctly, any agency claiming to collect debt must show proof in a response to DV that they are authorized to collect this debt on behalf of the original creditor?
Thanks!! You guys are very helpful, I wish I can offer some good guidance as well... as soon as I hear more info. |
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