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Went to the hearing and ask for validation of debt which they could not provide

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Mario
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Subject: Debt/valditation leteer
 
Posted on Fri May 30, 2008 3:37 am  

I have a similar issue. My account was charged off, since May of 2006. And my account was bought and sold several collection agency. However, within that time my balance never changed. The last collection has fowarded to their attnorey, and the balance increased. They saying is the interest charged from the time account was charged off but i have copies from other collection agencies that my balance never changed. And i send them a vaidation letter. And they failed to respond. Where,should i go from here.
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30073 Magic Points

 
Posted on Fri May 30, 2008 7:22 am  

Hi Mario
You did not say when you have sent your debt validation letter and whether you have sent your DV letter under certified mail. You need to wait for 30 days from the day the CA receive the letter. If they fail to respond after 30 days, send a dispute letter to the Credit reporting agencies telling that you do not agree to the debt.
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Carol
fireyone



Joined: 26 Feb 2008
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Posts: 4246



142 Magic Points

 
Posted on Wed Jun 04, 2008 11:22 pm  

I had the same thing happen to me. It was sold so many times but the balance after the first couple collectors started really adding on the interest. Make sure you follow through with the dispute letter as mentioned by carol.
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17426 Magic Points

 
Posted on Fri Jun 06, 2008 11:18 am  

DV letter is the most powerful instrument to deal with the collection agencies, as once you send a DV letter, the CA cannot harass you until and unless they validate your debt. If they cannot validate your debt you can sent a dispute letter to the CRAs asking them to remove the listing from your credit report. If however they validate your debt, negotiate the debt with them and sent them a PFD agreement letter. If they accept, pay back the agreed amount of the debt and get the negative element deleted from your report.
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goodnatured



Joined: 03 Nov 2007
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Posts: 3931



623 Magic Points

 
Posted on Tue Jun 17, 2008 10:49 am  

great post Mary, you explain the process very clearly.
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Guest






Subject: Court Date
 
Posted on Sun Jul 06, 2008 6:03 pm  

Requested validation at court hearing. They did not have documents to validate the debt and the case was dismissed with prejudice.
impute80510



Joined: 06 Jul 2008
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Posts: 2



66 Magic Points

Subject: answered summons
 
Posted on Sun Jul 06, 2008 6:50 pm  

I answered the summons. Went to the hearing and ask for validation of debt which they could not provide. The case was dismissed with prejudice. The most important thing to do is ANSWER THE SUMMONS. Mos
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



623 Magic Points

 
Posted on Sun Jul 06, 2008 7:27 pm  

impute80510,

That is awesome, I have one that is just hanging out there, it went to an arbitration panel, and I was suppposed to get a notice in the mail as to when the hearing would be, I have heard nothing and I know for sure that the hearing was not held with out me.

Your post is very encouraging, thanks, if you don't mind, who was the company? or the law firm?
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
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Guest







 
Posted on Mon Jul 07, 2008 9:29 am  

Hi impute
You gave us a really wonderful idea of asking for debt validation in the summons itself. The most interesting part of it is that if they cannot validate your debt, the hearing can be dismissed by the court itself.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



623 Magic Points

 
Posted on Mon Jul 07, 2008 3:38 pm  

Yes, I find that very interesting, it may come in handy to me here soon.
_________________
Goodnatured,
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for all the ways I make $$ online
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lostrikan24



Joined: 07 Jul 2008
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Posts: 23



1562 Magic Points

 
Posted on Tue Jul 08, 2008 9:46 pm  

Outstanding. I think it takes a lot of courage and heart to walk into court and demand paperwork. I believe that is why it is filed in the first place, these CA's do not expect the average consumer to demand anything. Congratulation to Thanks and impute!
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



623 Magic Points

 
Posted on Wed Jul 09, 2008 2:38 am  

I have sent debt validation a few time, I sent them certified and return reciept and have all the paperwork to proove they signed for it. I will be happy to present this in court and demand it again in person. They have never provided me anything.
_________________
Goodnatured,
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for all the ways I make $$ online
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Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17426 Magic Points

 
Posted on Fri Jul 11, 2008 12:49 pm  

Since you have all the documents that you have asked for debt validation, I am sure that the judgment will go in your favor. Moreover since they have not validated the debt as per the FDCA, I think they have lost their right to claim the money.
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Where there's a will, there's a way !!
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



623 Magic Points

 
Posted on Fri Jul 11, 2008 9:21 pm  

I hope you are right, I just wonder what is taking so long. The original summons was filed in December 2006, this was the first that I heard from them, I really think that it was a scare tactic, thinking that if I got the summons that I would automatically pay. Well I didn't, then back in January 2008 I recieved notice that the case was to move into an arbitration, I have talked to the attorney that is suppose head the arbitration, he said they would probably proceed after February. Well here it is July and nothing yet. I spoke to the prothonotary office the other day and she said to call the attorney again. Good thing is that the head attorney told me that they will not only have to prove that I owe the debt but that I owe the debt to them. So this post on here really made me feel good, I have all my documentation and reciepts of signatures that they recieved and signed for everything. I am feeling pretty confident at this point. I just wonder how long this can drag out, it has been 1 year and 7 months since the original summons had been filed.
_________________
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for all the ways I make $$ online
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erb1953



Joined: 31 Dec 2007
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Posts: 547



-100 Magic Points

 
Posted on Sat Jul 12, 2008 2:08 am  

Is there a time limit or a statute of limitation on how long they have to act on a summons. I know when you are served one, you only have so many days to act on it.

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