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JCEMT · #17 01-08-2008, 08:29 PM

They can't garnish the card, it would be called a levy, and I'm not sure if they can do that as CCs work different than normal bank accounts as interest generally accrues on CCs, which may exempt them from levies.

#18 01-08-2008, 08:40 PM

This is a pre-load card..Does anyone know what happens after you answer the summons?

JCEMT · #19 01-08-2008, 08:43 PM

Usually a hearing date is set along with other preliminary judicial stuff like discovery I believe. I'm not a attorney so I have limits to my knowledge of judicial procedure so this would probably be best answered by either Law Student or Hockeyman.

Law Student · #20 01-08-2008, 10:50 PM

After your answer, a court date is usually set. Be sure to answer, because if you don't, they might be awarded a judgment by default. After answering, as a part of the discovery phase, send letter (certified return reciept) demanding strict proof of how they calculated the debt, who owns the debt, and your contractual obligation to them. In Texas this will probably be in District Court, as that state's code dosn't permit collectors to sue in small claims. As to your card, I don't think they could garnish or levy a prepaid card. Don't volunteer information about it unless you are deposed and asked.

JCEMT · #21 01-09-2008, 05:36 AM

Sage advice, you should listen to Law Student.

If you have any additional questions/concerns feel free to post.

#22 01-09-2008, 07:34 AM

What should I say in the letter? and Who do I send the verifcation of dent letter to the courts or Palisades? I did contact an attorney this morning and set up a free 30 minute consultation, but he wants anywhere from 75--2500. I will still go for the free consult and send my letter. Please advise what I should say in the letter.

JCEMT · #23 01-09-2008, 08:04 AM

Here is a template for the validation letter that I use.

JCEMT · #24 01-09-2008, 08:05 AM

Quote:

Re: Acct Ref. #

To Whom It May Concern:

This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for ?verification? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What do I need you to provide as the debt validation.
? What the money you say I owe is for;
? Explain and show me how you calculated what you say I owe;
? Provide me with copies of any papers that show I agreed to pay what you say I owe;
? Provide a verification or copy of any judgment if applicable;
? Identify the original creditor;
? Prove the Statute of Limitations has not expired on this account
? Show me that you are licensed to collect in my state
? Provide me with your license numbers and Registered Agent
? Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
? Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
? Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
? Violation of the Fair Credit Reporting Act
? Violation of the Fair Debt Collection Practices Act
? Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

#25 01-09-2008, 08:51 AM

If you do not respond, you will lose automatically and have a judgment against you. In Texas, they cannot garnish wages, but can go after other non-exempt assets, typically, bank accounts, second cars, and investments. A pre-paid debit card would be such an asset.

A judgment is good for ten years, and can be renewed indefinitely. If you dispute the debt, hire an attorney. If you do not dispute the debt, try and settle with them, or just accept the judgment.

JCEMT · #26 01-09-2008, 09:15 AM

A settlement would be better than the judgment as they would tack on attorney fees and court costs.

belle11128 · #27 01-09-2008, 11:34 AM

Make sure that you follow their advice. Last year I was stupid and didn't know any better or know about this forum. I just stuck my head in the sand and had a default judgement placed on my credit report. Not only do I still have to pay back the money but I am also charged interest on this account until it is paid off. That was court ordered. I thought just ignoring it would make it go away but it doesn't. Don't be dumb like me!! I will never do that again!

JCEMT · #28 01-09-2008, 11:38 AM

You are not dumb, people do dumb things sometimes but that does not make them dumb. Making mistakes is all part of being human. Live, learn, then get luvs. J/K

#29 01-09-2008, 07:17 PM

Thanks so much for validation letter but can you forwardme a letter/template to send the court....also to the guy who had the judgement placed on his bureau did they garnish your bank account?

JCEMT · #30 01-09-2008, 07:29 PM

We cannot disclose personal information on this forum so I cannot forward it to you. The best thing to do is copy and paste it into a word processor and print it. If you are going to use it in court then make sure you do it during discovery as a motion to show cause.

Law Student · #31 01-10-2008, 12:13 AM

Send the validation letter to the collector/attorney, and a copy to the court.

#32 01-10-2008, 08:06 AM

Thanks,Law Student any suggestions are is there a template out there for a letter to send to the courts in response to the judgement filing?

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