Summons & Complaint

It doesn't stop the suit since they have already filed. However you can request the documentation during discovery in a motion to show cause. If they cannot show cause simply motion to dismiss with prejudice. Then if you can find out if it is a debt you owe then just pay on it what you can, after they validate it of course.

You had thirty days from first contact request validation. If you have alredy received a summons you probably were sent notices a long time ago. If that is the case the attorney is no longer required to validate. You say it is sizeable amout of money so you must have a pretty good idea who the plaintiff is. Do you still live in the Buffalo area? If you do make sure you show up in court so you dod not lose by default. You can ask the court for a continuance on this to give you time to retain counsel and have a case prepared. If it is a lot of money it would be smart to get a lawyer. You are either going to pay your own lawyer or their lawyers if you lose defending yourself!

I do not recall ever having received a call or a letter from these attorneys in the past. Even if I had I was of the understaning that yopu could request a dbt validation at any time and that failure to do so within 30 days does not take away your rights to request it at a later date.

Yes I do still live in the Buffalo area I was just wondering if the city court really had any jurisdiction in this case.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of
liability by the consumer.

It does not mean liability. However sending the DV after the civil complaint has been filed does not stop the case. You can (during discovery) motion to show cause and in doing so request validation. If they can't validate you could probably motion to dismiss with prejudice.

Cohen and slamowitz are the lowest of the low. I am waiting for them to validate something for over 3 months that I know they can ot validate. there are many threads regarding them on this forum. They say they send letters and never do. They can and will levy your account. be very careful of these guys. Junk debt buyers of the worse kind.

Another quick question. I disputed this through one of the credit bureaus in December and the date on the summons is Dec 27th. I did get a confirmation via an e-mail from the credit bureau that it was being removed from my CBR by the listed creditor. Would this have any impact on this case at all??

I am simply saying that if you did not request it they do not have to provide it if the thirty days had elapsed. You can of course still request it and not doing so is not an admission of anything!

I guess my thought process is that once you do request validation, at any time, all collection activity must stop and they would have a specified period of time to provide said validation. I figured it would impact any pending court case but still feel they must validate the debt in a timely manner.

As I said I don't recall ever hearing from these guys prior to the summons.

You need to consult with an attorney right away. To dispute service, or jurisdiction, you must raise it in your first reply. Otherwise, you may waive it.

At this point, they do not have to validate the debt, as you are in court now. The way to find out about the debt is through the discovery process.

@JCEMT:

I have never heard of a "motion to show cause". If you are not an attorney, you should not be giving advice on legal matters.

[quote=jheard]@JCEMT:

I have never heard of a "motion to show cause". If you are not an attorney, you should not be giving advice on legal matters.[/quote]

Link

Pardon my asking, but are you an attorney?

I am not a attorney, but this was advice given by an attorney previously. I checked into it and it's valid, it can be done during discovery. The best way to handle your defense is by utilizing a attorney's services. A good place to start is naca.net.