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LarryInColumbus
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Subject: Responding after the court is involved
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Fri Sep 16, 2011 5:57 am
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If you receive a summons in the form of a Complaint from a creditor, this is the beginning of a legal action against you to claim monetary damages for breach of contract. The most important thing to consider is that you must respond timely. The Complaint should be clearly detail how much time that you have but do not take any chances. Every state is different and in some states, you have 20 days to answer and if the 20th day is on a Sunday, then you must have it to the clerk of courts office stamped by Friday.
A court case of this type will go like this:
1) A complaint will be filed against you
2) You must answer the complaint within the time allotted by the court rules
3) Discovery will begin. You can ask them for any “thing” related to this case. You can also write interrogatories which are questions that they must respond to. You can also have depositions deposing people asking them questions under oath. If they fail to respond timely to any of these, then you can have the case dismissed.
4) After discovery is complete, then a trial date is set. Less than 1% of cases go to trial so it could be in your best interest to drag it out and burn up their “lawyer money”.
If you wish to go this one alone, without a lawyer, then it would be a good idea to read the court rules for your state. The court rules for every state are available online. They are not that difficult to read after you get started but it is good to have a legal dictionary. Many can be found online.
I just did a case in the state of New Jersey. In your answer, you cannot generally deny the complaint. If you do, then your answer can be stricken and you lose. If you are going to play the game, you need to know the rules. You have to say something like “defendant has no knowledge of this alleged debt and plaintiff has failed to provide any evidence that the defendant has any obligation to pay this alleged debt.” Or “Defendant has paid this in full and no debt exists”. Or “No contract exists between the Defendant and the Plaintiff”.
With your Answer to the Complaint, attach a motion for discovery asking for the same items listed in the debt validation letter. If they cannot provide them then you move for summary judgment and you have an easy win. They bear the burden of proof that you owe the debt and that you owe it to them. |
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adovestear
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Subject: Creditor Interchange Harassment
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Sat Oct 08, 2011 8:56 pm
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| Has anyone had any dealings with Creditor Interchange? I have a financial aid loan with Salle Mae that I have had trouble paying. My husband and I have been seperated for a number of years, but when I went to school, he did co-sign the loan for me. He recieved a call yesterday from this Creditor Interchange and the woman on the phone, was very nasty to him. She threatened to put a lien on our house, take his car etc. He told her that I had taken the loan and they should call me, however the woman stated "we don't care about her anymore, we are coming after you". She DEMANDED |
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hal1206
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Subject: enrichment of debt
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Tue Oct 11, 2011 3:53 pm
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| I received a copy of the validation of debt from the company. I am not denying the debt, only the enrichment or added charges to the account. How do I answer to the court? |
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sunshine
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Subject: charged odd truck
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Sat Nov 05, 2011 1:31 am
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| I was just recently notified my truck was charged off from original lender I also was notified by phone a collection agnecy was taking over loan The are threatening me to pick up truck and take me to court I was tryng to negoitiate payments with them and they are being very diffiicult I said I need it in writing and they refused I also said I needed paperwork on original lender and thjey would not provide it What can I do |
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Rosieday
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Subject: dv reply
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Mon Dec 05, 2011 7:51 am
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| I sent a dv letter and received the reply. I am to reply if I dispute the validity. This debt started with a payment the credit card company never received. The bank says it was not cashed. I offered to reissue but they told me not to since they were investigating where the check may be. I continued to pay them for a year while fighting them over the extra fees and late charges that was suddenly added to my acct even though they said they would inform me once the "investigation" was complete. They stopped sending me statements after a year and I received a notice from a debt collector. I made payments to this CA and another one after that trying to do the right thing even though I told them both I disputed the debt amount. Both CA's quit sending statements and now a third has notified me. I have paid close to what the original debt was before the missing check was lost. I can no longer afford to do this. How do I respond to this last CA? |
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Stomp
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Mon Dec 12, 2011 7:17 am
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In the debt validation follow up letter, what does this sentence mean: "whereas the other credit bureaus have sent their verified document. "
I haven't received anything from the credit bureaus... was I supposed to contact them after I sent the DV letter? |
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just julie
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Subject: dv letter response
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Fri Jan 06, 2012 11:56 pm
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| Can a collection agency sue you before responding to a dv letter? |
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CharmedLife417
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Subject: Debt Validation with Original Creditor
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Thu Jan 19, 2012 1:27 am
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| Hi, Everyone. Does anyone know if there is a similar technique or letter or form used to dispute a debt with the Original Creditor as opposed to a Collection Agency. I am going through a battle with Verizon, one of the most horrible companies I have ever dealt with. These people literally don't know what they're doing. Thanks! |
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anon
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Subject: Summons Delivered For Discover
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Thu Feb 02, 2012 7:56 am
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| I received a summons I am disputing the amount, but do I send the response to the court or the laywers paid by the original debtor? |
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D west
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Subject: Letter
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Thu Feb 09, 2012 12:21 am
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| What if you keep asking for validation every time sallie Mae sends to collections and different collections keep changing And no one ever validates |
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Joey1987
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Subject: Help
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Tue Apr 24, 2012 3:39 am
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Ok so I sent my debt validation letter and I got a response fro
This agency and they are requesting me more information because they couldnt verify an account. they're asking me for my ssn previous names and address. When I wrote to them I used my married name and just the information I was able to get from
My credit report! They were missing the last four numbers of the acct! So now what should I do? |
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oggie 123
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Subject: window to respond?
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Sat Apr 28, 2012 12:56 am
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| I was served a summons , that said I had 10 days to respond and I was served 7 days after the summons date, this is in Arizona how much time do I have to respond ? |
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ddk57
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Subject: too late???
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Sun May 20, 2012 10:30 pm
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| once a summons and complaint is served, is it too late to send a validation of debt letter?? |
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SWEET
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Subject: QUESTIONS ABOUT VALIDATION LETTER
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Thu Jul 12, 2012 12:41 am
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Hello everyone, I am from Massachusetts and not in a good situation financially to pay someone to do this for me. I have thought about filling for bankruptcy and honestly already have the paperwork ready but looking for other ways to clear my credit without having to do the bankruptcy. I have a lot of charge offs in my credit and a lot of open debts with collection companies some of them I do not even know what they are. My question is:
Should I send a DV to all the charge offs and open accounts?
What is I did not answered a summons and they won the case?
If I received a letter from an Attorney, should I do the DV anyways?
I need help before I completely ruin everything in my credit. PLEASE HELP..... |
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galen123
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Subject: Still on my credit report and SOL is Over.
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Mon Aug 13, 2012 5:54 pm
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| Im trying to buy a house and some things are showing up on my credit report like CBNA and Asset Acceptance. The debt was charged off and these guys purchased the debt. The SOL has run it's course which is 3yrs here in NC. The Mortgage lender says they either have to paid or removed by my closing date. What do I do? |
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