Debtconsolidationcare.com - the USA consumer forum

Im confused

Date: Fri, 11/02/2007 - 06:26

Submitted by anonymous
on Fri, 11/02/2007 - 06:26

Posts: 202330 Credits: [Donate]

Total Replies: 15


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?


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.


lrhall41

Submitted by motomom716 on Fri, 11/02/2007 - 07:01

( Posts: 141 | Credits: )


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?


lrhall41

Submitted by on Fri, 11/02/2007 - 07:32

( Posts: | Credits: )


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.


lrhall41

Submitted by cajunbulldog on Fri, 11/02/2007 - 07:35

( Posts: 4850 | Credits: )


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.


lrhall41

Submitted by on Fri, 11/02/2007 - 10:48

( Posts: | Credits: )


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.


lrhall41

Submitted by on Fri, 11/02/2007 - 10:52

( Posts: | Credits: )


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!


lrhall41

Submitted by on Fri, 11/02/2007 - 11:00

( Posts: | Credits: )


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.


lrhall41

Submitted by on Fri, 11/02/2007 - 11:03

( Posts: | Credits: )