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I sent a debt validation to Forster and Garbus, and they made a mistake in what they sent to me. Of course, this was not a true debt validation, just a printout, but nevertheless, they had a wrong last payment date down. Through their error, I was able to claim that the debt was out of SOL and said so in my answer to the suit, among other defenses.

My question is, the answer and motion to dismiss is now filed w/the court. I received a "correction" letter via regular mail that has the correct info on it. My Motion to Dismiss was based on their error....so what happens now?

Posted: Tue Oct 30, 2007 10:08 am Subject:

If motion to dismiss fails and suit carries on,demand proof of debt along with all details using the discovery process.

Posted: Tue Oct 30, 2007 11:06 pm Subject:

So what you are saying is that you knew your last payment made the debt within the SoL yet you went ahead with a motion to dismiss and now that they corrected the mistake you want to figure out what you need to do?

Well if your motion to dismiss opasses then you can probably expect the process to start all over again. I don't know if they will be able to add extra attorney fee's on for it since they had to do it twice or if they will be able to counter your motion with the corrected info.

Keep all of your ducks in a row and all of your paper work handy.

Posted: Wed Oct 31, 2007 8:08 am Subject:

Cajun: Thanks for the advice. I'll make sure to do that. Very Happy

FYI: Yes, that's what I did - I took a gamble going on the info they sent me.

Ah well......win some, lose some. Either way, I'll keep you all upadated. You all have been a great source of support.

hockeyman · Posted: Wed Oct 31, 2007 8:24 pm Subject:

No, it won't start all over again. You will have to deal with the appeals process in your local supreme/suprerior/district whatever the higher civil court is. This is the big time with real judges who will look at you like a moron and overturn that decision. If you're in a wacky state, small claims appeals go to jury trials. Good luck.

hockeyman · Posted: Wed Oct 31, 2007 8:24 pm Subject:

No, it won't start all over again. You will have to deal with the appeals process in your local supreme/suprerior/district whatever the higher civil court is. This is the big time with real judges who will look at you like a moron and overturn that decision. If you're in a wacky state, small claims appeals go to jury trials. Good luck.

Posted: Thu Nov 01, 2007 1:48 am Subject:

listen to Cajun on this sight please!

Posted: Thu Nov 01, 2007 8:06 am Subject:

Well, when did you actually make the last payment? That is what matters, not the date they say you did.

Posted: Thu Nov 01, 2007 8:20 am Subject:

I am still new to all of this myself, but if you sent them a validation letter, and they did not send you what was requested to validate the debt wouldnt that also be a help in your dismisal request?
Sorry maybe i am wrong on this, but just a thought to help your legal grounds.

Posted: Thu Nov 01, 2007 8:26 am Subject:

Like Sam said,what is your actual date of last payment?

Posted: Thu Nov 01, 2007 10:44 am Subject:

The actual date of last payment, which they got right in the 2nd letter, puts it back into SOL. Too bad for me.

I have also just received a order in opposition to the motion to dismiss, no surprise there, to which they attached the updated info.

I'm a stay at home mom - I don't have any income and nothing in my name except a 4 year old car and bank accounts w/less than 100 bucks in total. I can file paperwork, that's no problem, but won't be able to go to court w/out scrambling for a babysitter. I was hoping that just putting up a bit of a fight would cause them to move on to easier tasks, but I guess not.

I say all that to ask, what can they actually do besides get a judgement? And if they get a judgement, and I have no income and no property except the 4 year old minivan (which is paid for) then what? Can they go after the spouse?

Posted: Thu Nov 01, 2007 5:21 pm Subject:

Do you live in a community property state?

Posted: Thu Nov 01, 2007 7:29 pm Subject:

Well betty as FYI said if u live in a community property state then yes! That's where i was in the process, they were gonna try to garnish my husbands wages even though he knew nothing of this debt! He was gonna try to be relieved of this debt since he didn't know aobut it but then they decided to settle with me (probably cuz they knew they may lose)
Hope this helps u some,
Ang

Posted: Thu Nov 01, 2007 8:27 pm Subject:

From what I have seen, the community property states are

Arizona.
California.
Idaho.
Louisiana.
Nevada.
New Mexico.
Texas.
Washington.
Wisconsin.

If my information is correct, then I do not live in a community property state.

Posted: Thu Nov 01, 2007 8:44 pm Subject:

Question about community property state: I didn't think a spouse could be held responsible for debt that occurred prior to the marriage? Wouldn't that be a defense the spouse could use? How can they make someone pay for something that someone else did when they were single?

Posted: Thu Nov 01, 2007 8:49 pm Subject:

Single? Who's single? lol Sorry but i'm lost here!
I'd think if a debt was made before marriage then it would not be community property... but someone once told me somethign about that on this site.... now i can't remember who or what! Laughing

But i'm not sure where ur question stems from???
Maybe i missed something here,
Ang

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