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Sample Debt Validation Letter

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fireyone

Joined: 26 Feb 2008
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Posts: 2858

1966 Magic Points

Tue Oct 07, 2008 1:55 pm

I'm not sure if they can Garnish in Michigan but I am thinking that is one of the states they can. I believe there are only 4 states you can not be garnished (except for taxes and child support) . I will let others address your other questions.

Shane Mac

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

649 Magic Points

Subject: Outcomes need to be posted - Knowledge is power.

Wed Oct 08, 2008 12:26 am

I am posting this here because it is were I started my search for answers over 4 moths ago.

I want to thank everyone that has been apart of the forum – Thanks all (You all, are the best) True Americans in my opinion.

Lots of the questions and replies in this forum have great value, when applied correctly to courts documentation and clerk of court filling process. (Please use this process- It’s a huge defense process)

What, I don’t see are people that have posted with question, following up with outcomes of their experience with the advice learned from this forum. And I think, it is for fear of Law firms following the post. (Let them follow, is all I can say) Anything mentioned here or posted, here, is mere hearsay and is not permissible as factual evidence in a court of law, this is your chance to help others.. Please post outcomes based on knowledge gained from forums like this. (It gives the average Joe,, like me,, and others the power to represent as Pro Se.—(An American birth right !!)

The next post below will be my own outcome based on knowledge learned in the forums – and I did find out the law firm was watching these post. (Why with their college degree and experience,,did they not learn from the post but only try to use it is totally baffling to me. )

I will make a bold statement to help. You as Pro Se (Representing one self) have not been schooled in Law. ( A Lawyer is a business and is not needed as representation , most of the time Lawyers are only representing the money they possibly could make----Not you) So it is wise to hire one if you are the plaintiff,, The Lawyers has a higher profit margin to make and will go the extra mile to make his/her profit representing you.

Lawyers representing a defendant are taking a calculated risk and are,, only considered if profit is to be made. ( OK to be fair there are some Lawyers and Pro bono law firms that are really in it to be true lawyers ,,but I have not meet many in my life.) I always believe in being fair.

I guess you all can see I have a lot to post. This has been very exciting to me. Ok the next post will be about out come of Knowledge learned here.

Shane Mac
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Shane Mac

WORRIED WIFE
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Subject: Order to show cause?

Fri Oct 10, 2008 8:15 pm

Hello again...

My husband received summons, we responded to the summons before the 30 days. Now we get a letter from the court with a hearing date to show up in court. It says its an order to show cause.

Can anyone explain what will happen when we show up in court on this date?

anthony

anthony

Joined: 31 Jul 2006
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Posts: 493

12319 Magic Points

Sat Oct 11, 2008 9:49 am

hi Worried wife
On the court day, you will be informed of the charges against you by the collection agency or the creditor as the case may be and your situation will be discussed. Creditors may also be present in the court. Here you may ask the creditor for validating the debt if you have not yet asked for debt validation and the creditor may need to validate the date within 30 days from the court date and the next date may be fixed accordingly. Now if the judgment goes against you, your wages may be garnished to recover the debt. Here you can request the court not to garnish your wages and may make the court agree to allow you a repayment plan to pay off the debt.
_________________
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

Any
Guest

Subject: debt assigned or bought?

Sun Oct 12, 2008 8:08 pm

What is the difference between debt assigned and debt bought?

Justin

Justin

Joined: 17 Jul 2006
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Posts: 417

10874 Magic Points

Mon Oct 13, 2008 2:59 am

Hi Any
As far as I know, if a collection agency is assigned your debt, it means that the original creditor has only transferred the right to collect the debt to the CA and has not sold it off to the CA. In other words, the CA in this case do not own the debt and the creditor may take back the right to collect the debt from the CA. However, if the debt is sold off to the collection agency, then the CA becomes the owner of the debt and the OC ceases to have any right over it.
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Best Wishes
Justin

carol

Joined: 27 Jun 2006
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Posts: 375

10293 Magic Points

Mon Oct 13, 2008 3:05 am

Yes, I agree with Justin. This means that even if the debt is assigned to the collection agency, you may come to a repayment agreement as well as a PFD agreement with the original creditor and both the OC and the CA listing against a debt may be removed from your credit report once you pay off the debt in full to the OC. However, if the debt is sold off to the CA, you can only make a PFD agreement with the CA and not the OC, and in case both of CA and the OC listing are there in your credit report, only the CA listing will be removed and the OC listing will stay there for seven years.
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Keep in touch
Carol

cs0khunter82

Joined: 14 Oct 2008
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Posts: 8

258 Magic Points

Subject: Great information!

Tue Oct 14, 2008 5:51 am

I had just written myself a note to look up one of these letters, then I came across this post.

Thank you for your help. I know with the help of you good people and this website, I'm going to make my credit super-fabulous!

creditpro

Joined: 16 Oct 2008
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Posts: 23
Location: San Diego, CA

1153 Magic Points

Subject: Repsond to the summons.

Thu Oct 16, 2008 3:09 am

You must respond to the summons or they win by default.
1. What is the last date of activity with the original creditor?? That is when the SOL begins. Not with the collection agency.

2. I would go to court and ask for proof of signature on the contract agreement from the original creditor. You can easily say you do not recall this debt and you would like proof that it is in fact yours. If they don't provice proof, guess what??? You win! Most likely this agreement is somewhere archived and it will not give them time to find it.

3. Ask the Collection agency for the original paper contract from the original creditor SIGNED BY YOU specifically naming the colleciton agency as a person entitled to enforce a commercial claim against you pursuant to the Uniform Commercial Code 3-401 and general Contract Law.

Hope this helps. To learn how to keeps these fools in check, I recommend www.AttractiveCreditSecrets.com

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