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 Posted: Thu Dec 14, 2006 3:15 pm Subject: sol and debt validation |
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I am being sued on a credit card account. They have listed 2/12/02 as last accouont activity. I received a letter from them on 6/01/06, at that time I requested debt validation well within the 30 day period, I have return receipt attached to same. I didn't received any other correspondence from them until I was served with a summons dated August 11th 2006. I sent them 2nd ltter requesting debt validation and received copy of statements from Capitol One 12/01/06. Where do you think I stand on this circumstance. I live in the State of Nevada which says credit card accounts are 4 yrs.
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stickwitchi
Joined: 27 Oct 2006
Posts: 1
Debtcc Points: 40
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| Posted: Thu Dec 14, 2006 3:41 pm Subject: |
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First of all, be sure and appear at your court hearing, or they will grant a default judgement. Here is some info on debt validation at http://www.debtconsolidationcare.com/validation.html this should clear up some things for you. The agency who you sent the DV letter to has no specific time with which to reply. You have 30 days from which the letter is sent to you, to reply. I am still waiting on one that started withe DV letters since Jan. to reply. When you go to court, take everything you have to document the steps you took. Keep us Posted.  ...Karen
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As long as you are alive, there's always hope
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Bossy4455
Moderator
Joined: 27 Feb 2006
Posts: 5459
Debtcc Points: 64216
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| Posted: Thu Dec 14, 2006 5:27 pm Subject: |
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CO took me to court 3 years ago and I ended up paying them but I was also extremely naive and STUPID when it came to my rights back then, like Bossy said show up for court with paperwork at hand
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PDLFREE
Joined: 07 Oct 2006
Posts: 1264
Debtcc Points: 18243
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| Posted: Fri Dec 15, 2006 10:37 am Subject: |
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If I am not mistaken, they can not suit or serve papers until they validate the debt. It sounds like they did not do that since you requested a debt validation and never heard back. I think that is also a violation of the fdcpa. They can not collect or report to the credit bureaus until the debt has been validated when requested to do so. Definitely take it to court with all of your documents showing they did not validate when requested. You have a certified mail showing that it was requested and I bet they don't have anything like that to defend themselves. Goodluck
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outlaw8117
Joined: 21 Nov 2006
Posts: 163
Debtcc Points: 4345
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| Posted: Fri Dec 15, 2006 1:35 pm Subject: |
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Did you answer the complaint? If you didn't, do so immediately. If you don't know how, find an attorney. You cannot let a lawsuit go unanswered, especially if you have a possible statute of limitations defense.
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BEFORE YOU SEND ME A PM: Unfortunately, I don't know anything about dealing with debt collectors, payday lenders, consolidating debts, and that sort of thing. I sue debt collectors for violations of the FDCPA, and I defend consumers sued by debt collectors.
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SamGlover
Debt Samaritan
Joined: 16 Nov 2006
Posts: 162
Debtcc Points: 3564
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