Summons from Fred Hanna

Well, most definitely show up in court. I thought that was a given.

That amount probably says 0 because they will not know what those costs are until after the trial, so that gives notice to both the defendant and the courts that the plaintiff is seeking reimbursement for those costs.

Have you tried calling AMEX to try and work out a settlement deal with them so they can call the dogs off? Did you send that DV letter by Certified Mail Return Receipt Requested? Just saying you mailed it may cause some issues, because you have no evidence, and Hannah can say they never got it and you are back to square one.

Addressing the original question: Quote:

My question is can a law suit be filed before the validation has been done?

According to the Federal Trade Commission: "Federal circuit courts that have addressed this issue recently have arrived at the same conclusion. In a 1997 opinion, the Seventh Circuit stated that "[t]he debt collector is perfectly free to sue within the thirty days; he just must cease his efforts at collection during the interval between being asked for verification of the debt and mailing the verification to the debtor." Bartlett v. Heibl, 128 F.3d 497, 501 (7th Cir. 1997) (Posner, J.)."

More clear: Since you mailed your dispute on the 30th day, they most likely did not receive it yet when they filed suit. If you had sent that dispute on the 25th day and they filed suit on the 30th day, then you would likely have a case there, as filing a suit *is* considered the action of collecting a debt, which is against Section 809 of the FDCPA. But one cannot reasonably expect them to file for a dismissal of the case just because you disputed it, which is why I strongly suggest to file a Motion for Discovery because their reply would be directly entered in court and so it would need to be accurate and complete for them to have any strength in winning an excessive judgment against you.

However, State Law may trump certain provisions due to stronger rulings or legal precedence, which is why it is almost necessary to have an attorney on your side.

On the other hand, they may consider it a frivolous dispute and pray to the court to not take your dispute under consideration (again: hence the Motion for Discovery) and the fact that you waited until day 30 *may* cause even a judge sympathetic to you to be automatically tilted towards that determination.

So, in plain English. If you had an AMEX card with an unpaid balance that you didn't take care of, it is not only highly likely but near certain that they will get a judgment against you for at least the AMEX reported amount (which is why I say to call AMEX and see if you can work out a deal, I honestly think that is your best bet), and possibly court costs. Not to mention, a judgment will stay on your credit report for anywhere from 3 to 20 years (it depends on your State) after the judgment is satisfied. Not to mention, they would be able to garnish your wages and tax returns.

Try to pay it if you can. Only let it go to court if you are very sure you can get the case dismissed or, failing that, file for bankruptcy.

Hope this helps.