Can Someone Help ME!
Date: Mon, 05/05/2008 - 10:49
What do I do now...I asked the attorney for proof that they were assigned this debt or I would pay checksmart directly by April 1. Well they never sent proof so I call checksmart corporate office and they told me they could not accept payment because it was in collections - So what do I do. Answer the summons with all the documentation and hopefully the courts will allow me to pay someone and get proof that I paid and by the way this is listed on my credit report.
If they have filed on you,you will need to answer the summons an
If they have filed on you,you will need to answer the summons and get the papers to the court house. Once your answer has been filed,then you can use the court system for your proof via discovery. Is this a store front or online lender?
This is a storefront and I have the money to pay, but I don't wa
This is a storefront and I have the money to pay, but I don't want to pay an attorney that would not say they were assigned this debt (I have certified letters that I sent them (3) asking for proof and on the last letter I stated that if I didn't get proof by April 1st I would send payment to checksmart corporate office and when I didn't get proof - I called checksmart and they told me they couldn't accept it because it was in collections (is this a game that they play?). So in my answer do I send all the documentation that I mailed certified to them or what do I say in my answer??? I am really scared
Not to mention you could also countersue for contunued collectio
Not to mention you could also countersue for contunued collection activity after you reqeusted validation of the debt. A lawsuit, as far as I am aware, is considered collection activity and I'm presuming they did file it after the received at least one of the three letters you sent.
Compare the dates the case was filed agains the dates they signed for the letters, If it was filed after they signed for the first letter, then you have them on an fdcpa violation.
I would use those letters you sent as reason to have the lawsuit
I would use those letters you sent as reason to have the lawsuit dismissed, actually. If you can show that they received even one letter from you asking for proof of the debt before they filed suit, then you can file motion for dismissal with prejudice, based on the grounds that this lawsuit was unlawfully filed in the first place. Section 809(b) of the fdcpa prohibits any collection activity, inculding filing a lawsuit against you, if they have received your DV request and have not answered it.
They did answer every thing but the assignment of the debt and I
They did answer every thing but the assignment of the debt and I sent another letter requesting that and still nothing is that still considered that they did not fully validate?
Ok, I have a question. You said this was a storefront PDL? Since
Ok, I have a question. You said this was a storefront PDL? Since they are the original creditor, can you not go to them and pay them off? This debt wasn't bought by the attorney, right, just collecting for them?
If you can't pay the original creditor directly, they could tell you who is collecting for them, I would think.
In the meantime, do as Cajun said, answer the summons, and take all your paperwork with you to court.
Good Luck..Keep us posted..karen
Unless they sold the debt they must accept payments. If they ref
Unless they sold the debt they must accept payments. If they refuse the payment that can dishonor the contract and void the debt.
