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NikkiTn · Posted: Tue Oct 23, 2007 7:05 pm Subject: Validation"please help very soon"

tennessee laws would apply please help me

could someone tell me exactly was is proving the debt thru this process,also could someone please tell me if a attorney must produce this before court? is there like a time period he has to validate before the court date? or can they show up in court and say here it is? also is one of those you are pre approved papers validation there is no terms oe conditions on it just a pre approved and also states they will check my credit.

also is it good to have found out that the attorney has misrepresented that his client is not capital one but is a debt collector trak america in new york?

Posted: Tue Oct 23, 2007 7:16 pm Subject:

Did you receive a summons?

NikkiTn · Posted: Tue Oct 23, 2007 7:31 pm Subject: Validation"please help very soon"

yes as a first contact from them,so i asked to be validated,and they moved thee court date and still no validation but the date is very soon.

Posted: Tue Oct 23, 2007 7:37 pm Subject:

I would think that the debt would have to be validated before it went to court, but I'm not an expert at this so I could be wrong...

Posted: Tue Oct 23, 2007 7:43 pm Subject:

could someone tell me exactly was is proving the debt thru this process:
Debt validation is supposed to consist of supporting documents from the original creditor (e.g. copy of contract with your signature, agreement, etc.)
-also could someone please tell me if a attorney must produce this before court?:
They must provide validation upon request, until they do so they must cease all collection activity, they may be able to produce said validation in court, but if they cannot you may have grounds for dismissal per FDCPA and it would also give you grounds for a civil suit of your own for up to $1000.
- is there like a time period he has to validate before the court date?:
As I stated previously they could bring the validation with them, there is a bit of a ethics question that was raised on said practice in another suit (I can't remember the case unfortunately)
-or can they show up in court and say here it is? also is one of those you are pre approved papers validation:
(I seriously doubt it)-
there is no terms oe conditions on it just a pre approved and also states they will check my credit.

also is it good to have found out that the attorney has misrepresented that his client is not capital one but is a debt collector trak america in new york?:
Who is listed as the plaintiff on the summons?

Posted: Tue Oct 23, 2007 7:47 pm Subject:

These are answers to your previous question as I could best answer them. You need to get an attorney to represent you, I would suggest checking with NACA.net first as the attorneys listed on that site are all specialized in consumer protection. When did the debt first go delinquent? Also what type of debt is it? I would like to check if the statute of limitations has expired, if so then you can use that as your defense and have it thrown out if they have expired.

NikkiTn · Posted: Tue Oct 23, 2007 7:49 pm Subject: Validation"please help very soon"

on the summons is is listed as capital one bank and the attorney as plantiffs,but i did a little checking and found out the person who sworn afidavit on the amount is employeed by trak america in new york

Posted: Tue Oct 23, 2007 7:56 pm Subject:

Contact capital one (whom I am assuming is the original creditor) ask if they still retain ownership of the account and the collection agency is merely managing it, or if the collection agency is the sole proprietor. If they are the sole proprietor (meaning they have purchased the account and are not merely managing it) then they have filed improperly with the court and the affidavit they have stating that it is also capital one then that could also be thrown into the chain of custody challenge, and if the person whose name on the affidavit is not there it is not admissible as evidence as it is merely hearsay without testimony from the signer, if he does testify then it could be perjury. Being that the "plaintiff" is capital one I assume it is a credit card account. When did it first go delinquent?

NikkiTn · Posted: Tue Oct 23, 2007 8:19 pm Subject: Validation"please help very soon"

it first went delinuent or the credit report says Date Closed: 03/2004 Loan Type: Credit Card Remark: >Profit and loss writeoff<

Posted: Tue Oct 23, 2007 8:27 pm Subject:

Ok, TN SOL is 6 years so they still have right to file suit by SOL standards. However since it was closed, chances are the collection agency is the owner of the account. Chances are capital one has nothing to do with this. They lied when they filed the suit. Get yourself a attorney that is well versed in FDCPA law and make sure you let him know everything that you let me know. Also make sure that you bring your credit report as well as the summons and the affidavit. I'm sure your attorney will have a field day with this.

I wish you the best of luck, if you have any further questions I will try to answer them.

Regards

JCEMT

P.S.
Make sure whatever you do that you do not miss that court date or they will get a default judgment against you.

P.P.S
Did the summons include a docket number with it? If so contact the court house where it is to be heard to make sure that the there is a suit that has been filed and that the date/time on the summons is correct.

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