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CA suing me without responsing to my DV

Date: Fri, 02/05/2010 - 04:06

Submitted by anonymous
on Fri, 02/05/2010 - 04:06

Posts: 202330 Credits: [Donate]

Total Replies: 3


Okay friends,

I'm in distress. I was contact by a collection agency for an old medical bill. The debt was generated long time back I don't clearly remember the amount I owe. So I have sent them a debt validation letter. This all happened back in December, 2009.

Yesterday, I received a court notice stapled in my front door. The collection agency is suing me for the same debt. What should I do in such situation? Should I retain a lawyer? Have they violated FDCPA on any ground?

Please help; I really don't know what to do.


You asked for verification. I'd say you got it. When you ask for verification, the agency must request documents proving chain of title (Proving they own the debt) and any related documents from the original issuer of the debt. This takes time and money. These are court ready documents. I'd say they have a firm case else they would not have even bothered. It also says the debt is also still in-stat.
Now instead of getting a settlement, you'll probably pay the balance in full plus court and lawyers fees, interest and any other penalties. I went through the same thing and paid about $2500 more than originally owed. (I refused to pay when I read that the company was a scam on another website, try explaining that to a judges face)

SOAPLADY, be careful. I know of more than one collection agency run by lawyers, who have the intent of sueing when they buy the debt. There are also a multitude of law firms that specialize in helping collections agencies. I'm not saying your not right, I'm just asking for caution. People take your word as actual legal advice and that comes with responsibility to be accurate. Keep up the good work, this website is far better than most and provide a valuable service to a greateful community.


lrhall41

Submitted by on Fri, 02/05/2010 - 06:16

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
You asked for verification. I'd say you got it. When you ask for verification, the agency must request documents proving chain of title (Proving they own the debt) and any related documents from the original issuer of the debt. This takes time and money. These are court ready documents. I'd say they have a firm case else they would not have even bothered. It also says the debt is also still in-stat.
Now instead of getting a settlement, you'll probably pay the balance in full plus court and lawyers fees, interest and any other penalties. I went through the same thing and paid about $2500 more than originally owed. (I refused to pay when I read that the company was a scam on another website, try explaining that to a judges face)

SOAPLADY, be careful. I know of more than one collection agency run by lawyers, who have the intent of sueing when they buy the debt. There are also a multitude of law firms that specialize in helping collections agencies. I'm not saying your not right, I'm just asking for caution. People take your word as actual legal advice and that comes with responsibility to be accurate. Keep up the good work, this website is far better than most and provide a valuable service to a greateful community.


i would watch it debt free.the OP asked for VALIDATION not VERIFICATION.two totally different things.this CA did not provide proper validation.therefore the OP can demand validtion during the discovery process.they can put that in their response to the court clerk.btw any lawyer handling collections must adhere to the FDCPA.


lrhall41

Submitted by paulmergel on Fri, 02/05/2010 - 06:27

( Posts: 15514 | Credits: )