I am being sued

TO give more information about this debt, The last I made a payment was two years ago with the credit card company. Becuase my interest rate jumped to 34% and then there two CA'S tried to collect and I asked to validate the debt and I never heard from them and then after one year another CA contact me and I asked them to validate the debt all they send me was anivoice that had their name on it and the amount I owe the next thing a lawyer send the a letter asking me tp pay and he said I have 30 days to dispute. I send the a validation letter to the lawyer , he never responded the next thing I know I was served with court papers. I am going through hardship I barely can pay my mortgage.

Well, it sounds like SoL isn't gonna be any help.

I still think you have an affirmative defense[?] under fdcpa, for their repeated and consistent failure to provide validation. I'll bet you the beverage of your choice that they can't validate, and that's why they're rushing to court.

You do have proof of your validation requests, don't you? Copies of the letters you sent, preferably with proof that they were recieved?

Take your proof to court with you. Show the judge that you made a reasonable request in good faith, and were repeatedly ignored. Also take proof of your hardship status to show the judge, if needed.[/quote]

Yes I do have reciept that they recieved it and when I called them yesterday they said they never recieved any thing.

...typical answer. Take the info to court with you.

Let them tell the judge that before you haul out the reciept. Slam-dunk.

volls and unc great answers and help here as always!!!!!!

When it comes to the actual court case, counter sue them for $1,000 for continuing to collect after you had requested validation. When it comes to what they say you owe request validation in the discovery phase under a motion to show cause. Motion to dismiss the case with prejudice if they cannot show cause.

Well, I talked to a lawyer today and showed her all the letters I sent to the CA and she told me that the CA and their attorney can still sue even though the didn't validate the debt. she said the best she can do is to negotiate the $9000 down to $6000 and she will charge me $1000 . I was surpurised with her answers, I dont think I will go back to see her. what do you think

Wow, that attorney just wanted to roll over. Let's see, negotiate 9k to 6k. You save 3k, but they want to charge you 1k so you save 2k. Not bad, but I would just stick it to them so that they loose their suit then just pay it when you can if they validate.