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okay, so i took a look and reviewed my credit report and i can't find these people on there or the amount that they are saying i owe.

can they still try to sue me?????

what should my next step me?

cellular · Posted: Tue May 20, 2008 9:09 pm Subject:

Send the DV letter CMRR and wait for there next action. They cannot do anything until they validate.

Posted: Tue May 20, 2008 9:16 pm Subject:

i sent a DM letter CMRR on may 17. I was just on budd hibbs website and the feedback about this company is AWFUL. i am reallly nervous with dealing with them....

Posted: Wed May 21, 2008 5:01 am Subject:

cellular:

Posted: Wed May 21, 2008 8:19 am Subject:

Shazzers, you are correct, the CA can assume the debt is correct if you don't dispute within the 30 day period.

However, you know what they say about assuming.

The FDCPA, goes on to state:

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

So if they do decide to sue, they would need to be able to validate this debt in a court of law. Of course I'm sure the debtor would have to take it upon themselves to enforce this, as it probably wouldn't happen otherwise. I think this is what they call "asking for validation in discovery"

Posted: Wed May 21, 2008 8:31 am Subject:

Hey Ron, I have a question. If the CA who is suing doesn't ask for discovery, when is the right time for the debtor to ask for discovery?

Posted: Wed May 21, 2008 8:34 am Subject:

Hi unemployedron,

sorry to be slow but what do you mean by "the debtor would have to take it upon themselves to enforce this, as it probably wouldn't happen otherwise."

and why are they not on my credit report?

Posted: Thu May 29, 2008 2:34 pm Subject:

Hi People,

i received a letter in the mail from them today acknowledging my DV letter. In the letter, it states that their office has requested all supporting documentation from their client, and if available, it will be forwarded to me upon their receipt of same.

They attached a copy of the client filinf which just shoes the open date, charge off date and ending balance....

what do i now? do i wait?

Posted: Thu May 29, 2008 3:39 pm Subject:

Now you wait for the documents to be sent.

Guest · Posted: Thu May 29, 2008 4:12 pm Subject:

can they summons me in the meantime?

Posted: Thu May 29, 2008 7:57 pm Subject:

If they want a FDCPA violation counter suit. Continued collection activity after validation is requested is a violation of the Fair Debt Collection Practices Act.

Posted: Mon Jun 30, 2008 9:39 am Subject:

It has been past 30 days since my CMRR have been signed by these people and have yet to hear anything from these people....what should my next move be? should i send them another letteR????