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Sample Debt Validation Letter

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goodnatured

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

5332 Magic Points

Sat Sep 20, 2008 11:45 pm

Fireyone is right, you should contact your state attorney general's office and let them know what the company did and how they went about doing it.
_________________
Goodnatured,

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

fireyone

Joined: 26 Feb 2008
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Posts: 2858

1966 Magic Points

Sun Sep 21, 2008 12:07 am

Thats exactly what you need to do. I can not figure out how they could sue and get away with it after 9 years.

Guest

Sun Sep 21, 2008 3:42 am

I don't believe that they can go through with this and if they used any type of threat or intimidation to have you pay this bill then they have violated the fdcra laws of debt collection and you could sue them for that also.

goodnatured

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

5332 Magic Points

Sun Sep 21, 2008 3:44 am

That was me up top of here, it signed me out somehow?????? I was a way from the computer for a little while.
_________________
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

Sun Sep 21, 2008 9:17 pm

I can n ot see how they cleaned out his checking account and will not show proper proof of court papers showing they were entitled to do so. How did they get the bank to honor these papers if they didn't take him to court to get the order?

Mac
Guest

Wed Sep 24, 2008 5:14 pm

Goodnatured, thank you for the response on Sept 12. To answer youor question i am being sued by "Target National Bank" However on the summons the address for Target is different that the Target National Bank in MN. The Sommuns says Target National Bank Norcross GA., The attorney is : Shermeta, Adams & Von Allmen, P.C. in Rochester MI. Can collection attourneys claim that the plaintiff is the original debtor even when they are not? Or could this be an attorney for Target National Bank? I did some research on the attourneys and they are hiring online for skip tracers and collection personell. This makes me think they are a collection company rather than an attorny for Target National bank in MN. After reading the previous posts it seems like this is a slam dunk if the plantiff is not actually Target national Bank. I responded to the complaint using information obtained by this and other sites. I responded within the 21 day limit and used certified mail with return service. I denied all paragraphs other than the ones I had not knowledge of such as jurisdiction. I also included the statement :"The Defendant denies the allegations numbered 2,3,4,6 & 7 of the plaintiff’s complaint for lack of sufficient information to justify a reasonable belief therein.". So to summarize. I don't know who the real plaintiff is because Target National Bank is not located in Norcross GA. They are located in MN. I know if they can not produce the original copy of the agreement the case will be dismissed for lack of evidence. Please help me my court date is early October. Lastley I still have not requested debt validation. Is it worth it at this point. I already have a court date. There was charge off on my credit report last month. I called Targets automated service to check on the card in questions status and the automated system stated that the information was not found. Could this have been sold to a collection attourney that is claiming Target National Bank is the plantiff even thought the debt was already sold?

fireyone

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

1966 Magic Points

Wed Sep 24, 2008 5:31 pm

Mac. It is probaly the same company. Most of these places work out of many different staes. GN is very familiar with this type of thing. She isn't on line at the forum all the time. May I sugget that you PM her? If you scroll down the side of the screen you will see private messaging and all you have to do is click on it and it is self explanitory from that point. It will help draw her attention to the post and you will get an answer alot quicker.

Mac

Joined: 24 Sep 2008
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Posts: 2

70 Magic Points

Wed Sep 24, 2008 8:16 pm

great thanks ! Question. How common is it for companies to charge off an account then use an outside attorney to submit a complaint? Also I googled Target National Bank Norcross GA. Nothing came up. All findings pointed to MN as the address. Why would they use a different address in the lawsuit?

Shane Mac

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

649 Magic Points

Subject: Motion to move to discovery.

Thu Oct 02, 2008 2:35 am

Are there any sample letters here on the discovery process ?
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Shane Mac

Mary

Joined: 06 Jul 2006
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Posts: 324

8704 Magic Points

Thu Oct 02, 2008 11:59 am

Hi Mac
Even if a company charges off a credit account, he can sue you to the court to recover the debt, till the time the SOL in your state has expired. Charge off does not mean that you are not required to pay off the debt. Even if the account is charged off, the creditor can sue you and bring judgment against you. A creditor normally charges off a credit account after 6 months from the date of your last payments towards the debt.
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Where there's a will, there's a way !!

fireyone

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

1966 Magic Points

Thu Oct 02, 2008 11:05 pm

Yes you definatley are not protected until the Statute of limitations expires. I do not think the address is going to make any difference in court though. Is your debt past the SOL?

goodnatured

Joined: 03 Nov 2007
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Posts: 3137

5332 Magic Points

Sat Oct 04, 2008 3:23 am

What state are you from? if you list it, then someone here will find out all you need to know and post it.
_________________
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

Sun Oct 05, 2008 12:33 am

GN thats a good question. A state listing would be nice.

Guest

Tue Oct 07, 2008 1:47 pm

I am in Michigan court date is set for this friday Oct 10. We got a settlment in the mail. Can they garnish in Michigan? What is my next step? Is there reson for me to mention to the court that I do not feel that the plaintiff is who the attorney says they are. Can they name a plaintiff even if it is not the one suing me?

Mac

Joined: 24 Sep 2008
Mac's page
Posts: 2

70 Magic Points

Tue Oct 07, 2008 1:48 pm

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