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anne79 · Posted: Fri Nov 02, 2007 6:26 am Subject: Im confused

I sent a DV letter to 2 companies both certified, one of which I am actually being sued for, but the judge allowed a period of discovery and I go back to court on November 30th. I allowed enough time for the 30 days so that the CA has time to get all the evidence I asked for.
I have 2 questions:
1. What happens after 30 days if they do not respond, OR if they do not give the proper validation I asked for? In court, can I the fact that they did not justify EVERYTHING and that it should be dismissed?

2.If the CA does not respond in the 30 days with everything I requested in the DV letter, Do I have to send out another letter, or can I demand that the whole thing be dropped and that they items they were reporting be deleted immediatley?

Posted: Fri Nov 02, 2007 6:53 am Subject:

First off there is no time limit for them to provide validation and I don't know where this thirty days is coming from.

Second you are in court process now and should use the court's discovery process to request their evidence be either submitted to you or they risk losing it for the suit.

Posted: Fri Nov 02, 2007 7:01 am Subject: 30 days

When a debtor receieves a letter from a collection agency you normally have 30 days to dispute the debt.

Maybe this is where the 30 days is coming from.

Posted: Fri Nov 02, 2007 7:19 am Subject:

The thirty day validation notice is for you as a consumer. They can never validate and still be legal as long as they follow all the other rules.

anne79 · Posted: Fri Nov 02, 2007 7:32 am Subject:

So basically, with these accounts that are on my credit report, there is NO time limit for them to respond?
Did I screw myself 5 years ago when I didn't ask for validation then? Since these accounts are so old, I don't know even if they are mine, or if the sol is up, or if I may have already settled the debt and it was never recorded.
I was under the impression that if you sent a DV letter, they had to respond. Why would the CA respond to a DV letter at all? It does not seem fair that I am just asking for information and I am ignored and will probably be sued in the future-

So I asked the collection agency for their evidence in a certified letter that was recieved on October 27th. My court date is November 30th. Do they have to respond to my requests? If they do not, does that mean that I will win because they did not provide their evidence?

Posted: Fri Nov 02, 2007 7:35 am Subject:

You are going in two different directions with this. When you received their letters and send a dv letter you put them on notice of disputing debt. Court is a bit of a different process dealing with them. I want you to read the links in my signature.They are the two main laws dealing with credit & collections.If you are having court troubles I would suggest getting a consumer attorney to defend yourself.

anne79 · Posted: Fri Nov 02, 2007 10:48 am Subject:

Well, here is the thing:

I have already gone to the hearing. I talked to the attorney for the collection agency before we went before the judge and asked for any evidence to show that I owed the debt. He did not have any.
I told the judge that he did not have any evidence and so she granted us discovery.
I sent a letter to the attorneys office and asked for evidence. I believe they have to share with me whatever they have against me.
I sent the letter certified to them at the end of Oct. I have a bench trial November 30th.

Posted: Fri Nov 02, 2007 10:51 am Subject:

If you requested it during discovery they must provide or you can do a motion to compel in accordance with your court rules of civil procedure.

anne79 · Posted: Fri Nov 02, 2007 10:52 am Subject:

Now- Heres my question:
Don't they have to prove in court that the debt is mine and that they had a right to collect it? That is why I sent the validation letter to them- and asked that they provide all of that information so that I might be able to defend myself in court. This is a credit card that they say I opened in 1999 and it was charged off in like 2001. The SOL in IL where I live is 5 yrs.
So, I think they have to respond to my letter. I gave them 30 days.

anne79 · Posted: Fri Nov 02, 2007 10:54 am Subject:

what does a motion to compel even mean? I thought this would be a simple thing- man I was wrong!

Posted: Fri Nov 02, 2007 10:55 am Subject:

Wouldn't this be out of SOL?? If so, then that would be ur defense!
Ang

Guest · Posted: Fri Nov 02, 2007 10:56 am Subject:

I know! Thats what I think, but I want to see what they have on me before court!
By the way, I did send off that dv letter that is in the link from cajunbulldog. It states all the things I am eager for them to prove!

Posted: Fri Nov 02, 2007 11:00 am Subject:

But can't u just use the SOL as ur only defense??? Maybe i'm not understanding somethign here.... ud need nothing else as ur defense except SOL!
Plz keep us updated,
Ang

Guest · Posted: Fri Nov 02, 2007 11:00 am Subject:

midland Credit Management is who is taking me to court- and whom I have the bench trial with on Nov 30th. If they had any evidence at all I would have tried to settle it right there- but they didn't~
And then on another note, I sent a DV letter to Credigy because my parents recieved a letter telling me that they are taking me to National Arbirtration. It wasn't even sent to the proper address. so I wanted to know what that was all about too, but thats a different post I guess!

Guest · Posted: Fri Nov 02, 2007 11:03 am Subject:

The problem with the SOL defense is I have NO record of this cc, NOTHING. My credit reports have all different info- I mean its a mess. That is why I want to get the evidence they have- including them to prove that the SOL has NOT run out, in order to win. I can't argue with them with nothing to base it on. I don't think they even have my original cc agreement with a signature, honestly, but I want them to put the cards on the table. I think that is what discovery means- correct me if Im wrong, anybody.

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