| Author |
Message |
|
|
 Posted: Mon May 05, 2008 10:49 am
|
|
|
I received a civil summons from a PDL attorney. I have been battling with this attorney since Jan. 08
What do I do now...I asked the attorney for proof that they were assigned this debt or I would pay checksmart directly by April 1. Well they never sent proof so I call checksmart corporate office and they told me they could not accept payment because it was in collections - So what do I do. Answer the summons with all the documentation and hopefully the courts will allow me to pay someone and get proof that I paid and by the way this is listed on my credit report.
_________________
Register today to encash debtcc points.
|
|
Guest
Debtcc Points: 100
|
|
|
 |
|
|
cajunbulldog
Moderator
Joined: 20 Dec 2006
Posts: 4772
Debtcc Points: 34569
|
|
|
|
Posted: Mon May 05, 2008 11:08 am
|
|
|
This is a storefront and I have the money to pay, but I don't want to pay an attorney that would not say they were assigned this debt (I have certified letters that I sent them (3) asking for proof and on the last letter I stated that if I didn't get proof by April 1st I would send payment to checksmart corporate office and when I didn't get proof - I called checksmart and they told me they couldn't accept it because it was in collections (is this a game that they play?). So in my answer do I send all the documentation that I mailed certified to them or what do I say in my answer??? I am really scared
_________________
Register today to encash debtcc points.
|
|
Guest
Debtcc Points: 100
|
|
|
|
Posted: Mon May 05, 2008 11:45 am
|
|
|
Not to mention you could also countersue for contunued collection activity after you reqeusted validation of the debt. A lawsuit, as far as I am aware, is considered collection activity and I'm presuming they did file it after the received at least one of the three letters you sent.
Compare the dates the case was filed agains the dates they signed for the letters, If it was filed after they signed for the first letter, then you have them on an FDCPA violation.
|
|
UnemployedRon
Joined: 13 Oct 2007
Posts: 631
Debtcc Points: 5434
|
|
|
|
Posted: Mon May 05, 2008 12:02 pm
|
|
|
I would use those letters you sent as reason to have the lawsuit dismissed, actually. If you can show that they received even one letter from you asking for proof of the debt before they filed suit, then you can file motion for dismissal with prejudice, based on the grounds that this lawsuit was unlawfully filed in the first place. Section 809(b) of the FDCPA prohibits any collection activity, inculding filing a lawsuit against you, if they have received your DV request and have not answered it.
_________________
Register today to encash debtcc points.
|
|
Guest
Debtcc Points: 100
|
|
|
|
Posted: Mon May 05, 2008 1:43 pm
|
|
|
They did answer every thing but the assignment of the debt and I sent another letter requesting that and still nothing is that still considered that they did not fully validate?
_________________
Register today to encash debtcc points.
|
|
Guest
Debtcc Points: 100
|
|
|
|
Posted: Mon May 05, 2008 2:49 pm
|
|
|
Ok, I have a question. You said this was a storefront PDL? Since they are the original creditor, can you not go to them and pay them off? This debt wasn't bought by the attorney, right, just collecting for them?
If you can't pay the original creditor directly, they could tell you who is collecting for them, I would think.
In the meantime, do as Cajun said, answer the summons, and take all your paperwork with you to court.
Good Luck..Keep us posted..karen
_________________
As long as you are alive, there's always hope
|
|
Bossy4455
Moderator
Joined: 27 Feb 2006
Posts: 5140
Debtcc Points: 62783
|
|
|
|
|
JCEMT
Moderator
Joined: 10 Sep 2007
Posts: 2894
Debtcc Points: 26517
|
|
|
|
