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Sample Debt Validation Letter

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Shane Mac



Joined: 23 Aug 2008
ShaneMac's page
Posts: 16
Location: In the South


649 Magic Points
Subject: Reply
 
 Posted on Sun Aug 24, 2008 10:26 pm  
Well ,, They only sent me a summons for Judgment ,, They don’t have the Judgment against me Yet ,
I did reply to the summons and filed with court house.

This is an old Providian account bought by a collection agency.

Now I have received a summons to request a hearing but it is not documented by the court or stamped by the court ,, was wondering is this is lagit ?
_________________
Shane Mac
 
fireyone



Joined: 26 Feb 2008
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Posts: 2871



2197 Magic Points
 
 Posted on Mon Aug 25, 2008 12:54 pm  
I will have to make GN aware of this post. She is pretty familiar with this process and would be able to tell you better. I have an old providian and I DO really feel for you.
 
brian
Guest
Subject: filing an answer to a summons
 
 Posted on Wed Aug 27, 2008 1:02 am  
I need to file an answer to a summons because I was laid-off for 5 monthes and failed to pay my mortgage. The mortgage co. is starting forclosure. any sample answers?
 
Guest







 
 Posted on Wed Aug 27, 2008 11:41 am  
Hi Shane
Since you have already answered the summons there is no need to worry. But if try to pay off the debt by coming to a repayment agreement with the creditor, I think you can avoid judgment. But since you have already answered the summon, it automatically mean that you have received the summon.
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2871



2197 Magic Points
 
 Posted on Wed Aug 27, 2008 11:47 am  
There are always sample letters here on the forum. Look around and I am sure you can find one right for you. Is there any way of saving your home? I know recently the goverment threw some help out there for people in your situation. Check with any help centers or crisis centers in your area and see if there is a program for you. My mom-in-law went through this foreclosure stuff and a community action program actually helped her bring her mortgage up to date and met her half way with payments for a year. I am sure there has to be something in your area.
 
WORRIED WIFE
Guest
Subject: UPDATE
 
 Posted on Fri Aug 29, 2008 12:43 am  
Hey everyone! Here's an update... Trying to file a response to the summons received almost 30 days ago. The court it was supposedly filed in does not show the case number on file. They looked it up by my husband's name but there is no case pending under his name. Has this happened to anyone here?? Could these papers be fake? How could this happen??? (my original post to this thread is on page 6)
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2871



2197 Magic Points
 
 Posted on Fri Aug 29, 2008 12:46 am  
Wow I am really unsure. I hope someone around here can answer this question. To me It sounds like they are fake. I mean how can you file a response if they can't find the case?
 
WORRIED WIFE
Guest
Subject: UPDATE
 
 Posted on Fri Aug 29, 2008 1:09 am  
As a matter of fact, the when she pulled up the number I have her, she asked me if I am Kimberly Nolan. I said, no, not us. She said, this case number belongs to a Kimberly Nolan.
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2871



2197 Magic Points
 
 Posted on Fri Aug 29, 2008 1:13 am  
I wonder if they have you confused with someone else. Or did they write down the wrong case number when they sent you the letter. was it addressed to you or your husband directly? I would have asked a few questions at he courthouse but since they couldn't even find your husbands name I guess that wouldn't do any good either. What if you tried calling the collector?
 
WORRIED WIFE
Guest
Subject: UPDATE
 
 Posted on Fri Aug 29, 2008 4:55 am  
The debt is in my husband's name. The case number on the summons is a stamp. The zeros could be a C and vise versa, but they were both looked up and like I mentioned earlier they looked him up by name and did not find anything pending under his full name. They couldn't explain why it wasn't coming up. They said they would need to see the summons and that he should bring it to the court house.
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2871



2197 Magic Points
 
 Posted on Fri Aug 29, 2008 1:27 pm  
That is definately what I would have him do. Your date to respond is 30 days and if you don't and it is a real summons he will let them win by default. Then depending on your state, they can garnish wages to attempt to collect the debt. Please take care of this asap. Get him down to that courthouse.
 
WORRIED WIFE
Guest
Subject: UPDATE
 
 Posted on Fri Aug 29, 2008 6:06 pm  
yes, he will be going to the court house to show the summons. What if they still can't find anything on him? What is the next step? I was just wondering if anyone has ever had this happen or heard of this happening? Sending fake legal papers is illegal, correct?
 
anthony

anthony

Joined: 31 Jul 2006
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Posts: 493



12319 Magic Points
 
 Posted on Tue Sep 02, 2008 12:27 pm  
Hi
I think that you should immediately file a response to the summon by visiting the court where the case has been filed. In the court itself you can find out whether the papers are legal. This is because if the papers are legal and you do not file any response to it, the judgment may go against you and the CA can garnish your account by obtaining an order from the court.
_________________
Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2871



2197 Magic Points
 
 Posted on Wed Sep 03, 2008 12:39 am  
Anthony, What she is saying is she was already down at the courthouse on her husbands behalf and they found nothing under his name or the the number on the summons. So if there is nothing listed how is she or her husband suppose to file a response?
 
anthony

anthony

Joined: 31 Jul 2006
anthony's page
Posts: 493



12319 Magic Points
 
 Posted on Wed Sep 03, 2008 7:00 am  
If nothing is listed as per the court records I think that the court summon is not legal and there is no need to file a response to the summon. But you should at least get this in writing from the court or notify the court in writing about the situation and get a certified copy of your letter from the court for future reference. After that you should contact Washington Mutual and inform them of the situation in writing.
_________________
Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
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