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Sample Debt Validation Letter

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WORRIED WIFE
Guest

Subject: FALSE HOPE

Thu Sep 04, 2008 3:55 pm

So, I went down to the court in person to show them the papers and they were in fact able to locate the case Sad

One question... is a "response" and a "sworn denial" the same? or are they two different documents?

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 2858

1966 Magic Points

Fri Sep 05, 2008 12:17 am

Sorry to hear this. I am not sure of the answer to your question. It sounds to me as if they are. Hopefully Anthiny will come back and give you more definite info. Usually a creditor, if the debt isn't extremely large will now want to go to actual court. Sometimes they will call you and want to settle at a half decent amount. Have they tried to contact you? I can not remember if this debt was in SOL?

anthony

anthony

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

12319 Magic Points

Fri Sep 05, 2008 7:08 am

A sworn denial is a statement which is filed with the court clerk in the court where you have been sued. In sworn denial, you deny the debt or the amount of the debt for which you have been sued and a copy of such denial has to be sent to the collection agency lawyer.
_________________
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

goodnatured

Joined: 03 Nov 2007
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Posts: 3137

5332 Magic Points

Sat Sep 06, 2008 1:59 am

you must follow through as anthony has so openly discribed, you have to file it with the clerk of courts and then send a copy to the other side, the only thing that I would add is to send everything certified and return reciept requested. keep us updated and if you have any other questions, please come on back.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 2858

1966 Magic Points

Sat Sep 06, 2008 2:04 am

Good luck and please stop back and let us know how you are doing and if you need any help.

Shane Mac

Joined: 23 Aug 2008
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Posts: 16
Location: In the South

649 Magic Points

Subject: Judement Hearing 10/06 -- Question

Sun Sep 07, 2008 10:34 pm

Would it be upsetting to the Judge ,, If I wait until the hearing to ask for proof (Discovery process) ? I don't think they (the CA) Have it.

Thanks Shane
_________________
Shane Mac

erb1953

Joined: 31 Dec 2007
erb1953's page
Posts: 631

8 Magic Points

Mon Sep 08, 2008 1:41 am

I would not care if it upset the judge or not, what else can one do, if you have ask for it and they did not provide it and then they have the gull to go ahead and sue you, I think goodnatured is exactly right by asking for it, especially since she has proof that she requested the it several times.

Mac
Guest

Mon Sep 08, 2008 4:51 pm

This is great stuff however no one actually stopped and Gumped down the answers to the initial question. So I am going to re-ask it.
I recieved a sommuns there are7 claims on the complaint .

1. My juisdiction is proper for the court
2. defendand enter into agreement on Nov / ... bearing account # ...
3. Upon information and belief, defendant has possession of credit card agreementupon which claim is based
4. Def. areed to terms
5.Plantiff has fully complied
6. Def. has defaulted under terms and conditions
7. There is presently due $5000.00
Plantiff prays for judgement in the amount of $5000 plus costs and interest.

O.k. At this point do I request a DV . And how do I answer the complaint with the court? Please be detailed I am very nervous.

Also- the plantiffs address is different from the original creditor? They are based Minnesota and the summons says Norcross, GA. Are collection companies allowed to claim the plaintiff as the original creditor even after it has been charged off? Is this legal? Or common?

mac
Guest

Mon Sep 08, 2008 4:52 pm

sorry for the typos I am at work and have to type blind.

trying to fit it
Guest

Subject: Mann Bracken LLC

Fri Sep 12, 2008 8:59 pm

I am so happy to find a site with people who actually know what they are talking about.
I received a notice of collection from Mann B. and immediatly responded via certified mail with a letter of dispute and validation. I wrote out 10 points of evidence to validate this debt according to the FDCPA sec. 809B. I waited the 30 days until (July 10th) for a responce and received nothing.
Yesterday I received a verification of debt letter ( Sept. 2nd postmarked)
They stamped the papers inside with the dates of June 20th, and a notary stamped it with the date June 30th, and the front page is stamped with JULY 28th.

The "verification" they provided was the the name of creditor (Chase) the acct number, my SS#, My address, My name, the date acct was open, and the total charge-off amount.
That's it. They didnt provide me with my signature of owning the debt, proof they can collect in my state (CA) or any o the other validation requests.
I don't know what the next step is for me. Since I didn't receive a reply within 30 days (and not certified either) and they didn't validate anything I asked...

Can you tell me what my next step should be? i am very confused at this point.
THANK YOU IN ADVANCE!!!

goodnatured

Joined: 03 Nov 2007
goodnatured's page
Posts: 3137

5332 Magic Points

Fri Sep 12, 2008 11:51 pm

Mac,

Who is suing you? is it the original creditor or is it someone representing the original creditor?

If it is a collection agency that bought the debt then you have a good chance at beating it.

Either way, you have to answer the summons and have it back to the clerk of courts and send a copy to the ones that are suing you. If you do not they will win by default and you don't want them to win by default.

So, let me give this a shot.

[/quote]
1. My juisdiction is proper for the court
2. defendand enter into agreement on Nov / ... bearing account # ...
3. Upon information and belief, defendant has possession of credit card agreementupon which claim is based
4. Def. areed to terms
5.Plantiff has fully complied
6. Def. has defaulted under terms and conditions
7. There is presently due $5000.00
Plantiff prays for judgement in the amount of $5000 plus costs and interest.

Quote:

1. ADMIT
(There is no reason to contest this if it is right)
2. ADMIT or DENY
(Depends, is this the right information) But I would add to this the company name that you have the credit card with. If it is a collection agency suing you then this will show that you did not enter into a card contract with them.
3. ADMIT or Deny
(again depends, do you have a copy of the agreement and is it with the company that is suing you? If not, then say Admit, but not with ****, agreement entered into with ****)
4. ADMIT or Deny
(Again need to know if it is the original creditor suing you)
5. Apparently not, if they are suing then the agreement was not upheld right?
6. Depends on if the original creditor or a collection agency is suing you.
7. Again, is it the original creditor? If so, what was your balance. If it a collector, then deny.

We really need to know if it is the original creditor or not, If you come on here and let me know, I will try to help you. I am in the same predicament. So far, I have not paid a dime.

_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

goodnatured

Joined: 03 Nov 2007
goodnatured's page
Posts: 3137

5332 Magic Points

Fri Sep 12, 2008 11:55 pm

I think after they do not respond that you can dispute them on your credit report and have it removed, send copies along with your dispute to the credit reporting agencies.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 2858

1966 Magic Points

Sat Sep 13, 2008 12:43 pm

Okay Gn. Question. Since the place be it the OC oe DC didn't validate within 30 days does this help in court (since his right to have it validated went past 30 days) or does it just help him/her get it off their report?

CT
Guest

Subject: MANN BRACKEN WIPED OUT

Tue Sep 16, 2008 9:11 pm

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 2858

1966 Magic Points

Tue Sep 16, 2008 11:23 pm

Wow What a nightmare. I think they may have went about this illegally. Number one after 4 years you are prtected by the Satute of limitations. this meaning they can no longer legally sue you for this debt. They can try to collect it but can not take you to court, unless you are willing to pay they can not get any money from you after the SOL. Here is CA:
California Statutes of Limitation

Written agreements: 4 years, calculated from the date of breach.

Oral agreements: 2 years.

The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.

So you need to contact find someone who will be able to help you get the money back. Maybe your state rep.
Don't go to far away others will stop and probaly have much better answers.

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