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mullin20



Joined: 11 Dec 2008
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Posts: 1



82 Magic Points

Subject: denial letter
 
Posted on Thu Dec 11, 2008 11:52 pm  

I recieved a summons to a credit card debt. I want to provide a general denial letter to the court. does anyone have a form letter i could look at to get some ideas. Should i deny everything or be more general.
goodnatured



Joined: 03 Nov 2007
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374 Magic Points

 
Posted on Fri Dec 12, 2008 12:45 am  

Deny the list one by one and return a copy to the court, you also have to provide the company that is suing you with a copy also. You should send the copy to them certified mail return reciept requested.

Make sure you keep copies of everything.
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sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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1901 Magic Points

Subject: credit
 
Posted on Fri Dec 12, 2008 5:51 am  

Denial Letter? Haven't heard of one. Is this a letter stating something like you don't own the debt, etc? Ya learn something knew everyday..I suppose. LOL
anthony

anthony

Joined: 31 Jul 2006
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13587 Magic Points

 
Posted on Fri Dec 12, 2008 10:08 am  

Hi mullin
There is nothing called the denial letter. If you have received a court summon you need to file an answer to the summon within 21 days from the date you receive the summon else the creditor can bring a default judgment against you to recover the debt. When you file an answer to the summon you can mention there that you do not agree to the debt. You will find the form from the clerk's office in the court from where you received the summon.
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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.
Mary

Mary

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17420 Magic Points

 
Posted on Fri Dec 12, 2008 11:33 am  

I agree with Anthony. I have never heard a letter called the denial letter. If the court has send you a summon you must file a response to the summon within 21 days(including holidays) in a prescribed manner which you will get from the court itself. After filing the response you can send a debt validation letter to be sure whether you actually owe the debt the CA is claiming.
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fireyone



Joined: 26 Feb 2008
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95 Magic Points

 
Posted on Fri Dec 12, 2008 11:37 am  

I believe what Good natured was talking about here was answering the summons itself. Usually when there is a summons you will see a list of things on there and you have to go down through that list and deny the ones you feel are not valid. I believe this is the typical way of answering summons. I myslf never heard of a denial letter either. I believe this is what the poster may need to do if they feel they do not owe the debt.
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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1901 Magic Points

Subject: credit
 
Posted on Sat Dec 13, 2008 3:30 am  

SOO...there is no such thing as a Denial Letter? MMMmm. I think, on another thread, I saw something about a Denial Letter.
fireyone



Joined: 26 Feb 2008
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95 Magic Points

 
Posted on Sat Dec 13, 2008 3:52 am  

Nope no denial letter. Like I said I believe the person is speaking about how to actually answer a summons. The only type of denial letter I know of is when you apply for some type of credit or credit card and they send you a denial letter in the mail with the information of where and who they used to pull your credit report. They have to let you know this fact.
sdchargers_63

sdchargers_63

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1901 Magic Points

Subject: credit
 
Posted on Sat Dec 13, 2008 3:57 am  

Ok...I catcha, FIERYONE. God knows, I've received lotsa Denail Letters from people,companies..LOL
Justin

Justin

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28944 Magic Points

 
Posted on Sat Dec 13, 2008 9:08 am  

Denial letters can also be send by the collection agency or the creditor when you send a pay for deletion letter. They may deny to pay for deletion agreement even if you pay off the outstanding debt by sending you a denial letter. Again, as Fireyone said, if you request a new credit card or want to open a new line of credit and you do not have a good credit history then the credit card company or the creditor may send you a denial letter showing their unwillingness to give you a credit card.
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sdchargers_63

sdchargers_63

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1901 Magic Points

Subject: credit
 
Posted on Sat Dec 13, 2008 9:45 am  

Yea..that's true. I apply for credit to try to improve my Credit score. But...........I guess I can see the 'other sode' of it. If I was a lender, would I want to take a chance on a 'high risk' consumer?
Doc

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1266 Magic Points

 
Posted on Sat Dec 13, 2008 1:29 pm  

***I am not a lawyer.... I am not offering legal advice... There is no substitute for competent legal advice.***

The "general denial" is typically a "[Defendant's] Original Answer".

Go to your local court's website... Find a case similar to yours, preferably one including the same Plaintiff, but handled by an atty. There will likely be a case with such an "answer" filed. Go to the courthouse, and get a copy. If it applies, modify it, and file it...

Remember---these collectors are far more interested in a default judgment than a lengthy court battle. It'll probably be dropped if they think you'll fight it... Especially if it's a smaller amount...
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fireyone



Joined: 26 Feb 2008
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95 Magic Points

 
Posted on Sat Dec 13, 2008 2:10 pm  

A couple question on this Doc. Does all courthouses have web sites that you can view cases on line? I believe I have heard this before. I know around here you can go to the courthouse and in the clerk of courts office there is a computer or two where you can enter ANYONES name and see if there is anything like judgements, child support and such listed on them. Also what do collection agencies consider a smaller amount. These days with the massive credit card debt deliquencies alot our really high amounts. What in your opinion qualifies as a smaller amount?
Doc

Doc

Joined: 02 Dec 2008
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Location: McKinney, TX


1266 Magic Points

 
Posted on Sat Dec 13, 2008 5:24 pm  

No... Some courts do, some don't....

Amount size is a "subjective" thing.... Generally, if someone is gonna sue over a debt, it needs to be for far more than the court costs and attorney's fees would be... (Even though they collect them if they win...)

The other side of that is, they run the risk of a countersuit... If they lose their original case, AND they get counter sued and lose, they really stand to lose alot.... They generally won't mess with anything that they run the risk of such a significant loss....
_________________
-Doc Compton, Omega Credit Repair
I provide info for free, & all I ask is that you visit my site...
http://www.omegacreditrepair.com
You can also get tons of information here!
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



95 Magic Points

 
Posted on Sun Dec 14, 2008 12:40 am  

So this is a really big if. I guess they really would have alot at stake by going to court. I am assuming by counter suit that you are talking about the debtor bringing on harassment charges against the collector. I always wondered when they bought these little debts that really did not add uo to much why they would bother. Thank You for explaining all of this. You sure do know your stuff.

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