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questions for the experts

Date: Thu, 11/15/2007 - 07:43

Submitted by anonymous
on Thu, 11/15/2007 - 07:43

Posts: 202330 Credits: [Donate]

Total Replies: 7


I went to a hearing on Oct 12 and the lawyer for the CA did not have any evidence to prove the debt was mine. I was granted "discovery" from the judge, and a trial date was set. I sent the CA a validation letter Oct 29th. They did not respond. My trial is Nov 30th. Am I missing something here? I filed an aswer denying their complaint and my affirmative defenses included the sol expired and they never validated the debt, or have any proof or gave me an detailed leger of how they came up w/ the balance due. What do you guys think?
I am just scared that they will show up with proof to trial, even though they were ordered to share any evidence with me. I am guessing that would not fly with the judge, what do you guys think?


Well i'd think if they were ordered by the judge then they MUST or they will be in contempt of court!!! Also, did u use SOL as ur defense?? Whatever u do, make sure u show up for this next court date! Sounds like it could very well be dismissed!
Oh and btw, i'm NO expert!
:shock:
Ang


lrhall41

Submitted by Ang on Thu, 11/15/2007 - 07:48

( Posts: 2306 | Credits: )


The validation letter can be thought of as a part of discovery. Also tell them to send you any and all documentation proving that you are contractual obligated to the creditor. The case will probably be tossed out. Some collectors sue out of SOL debts hoping that the consumer doesn't show up in court, and ger a default judgment.


lrhall41

Submitted by Law Student on Thu, 11/15/2007 - 19:46

( Posts: 1182 | Credits: )


what state do you live in?

The debt validation letter is only a start to the process, in this circumstance, you need to send 'court documents' also known as discovery demands ranging from titles such as 'notice to produce' to demand for documentation, etc.

Tell me your state, I can try and figure out the docs you need to serve.


lrhall41

Submitted by on Thu, 11/15/2007 - 19:56

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Once you send the debt validation letter they must provide validation prior to proceeding with any future collection activity, that is per the fdcpa (Fair Debt Collection Practices Act) which is federal statute 1619 (I think I got the title number correct)

Besides, just as I said earlier if the SOL has expired then there is no way they could sue you for it. If they do, just claim SOL as your defense and since they would be suing for a debt that they cannot legally sue on they are violating the FDCPA which would allow you to file counter suit for $1000 in statutory damages plus punitive damages. Also if the date of last activity is more than 7 years and the item appears on your credit report you can also sue them for violations of the FCRA (Fair Credit Reporting Act) for $1000 per violation in statutory damages, plus punitive damages.


lrhall41

Submitted by JCEMT on Fri, 11/16/2007 - 19:49

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