Forester Garbus the saga continues
Date: Fri, 03/26/2010 - 09:13
Ok so awhile back i got some great info from some members of thsi site as to how to respond to this lawfirm. I sent them a debt validation letter, and they responded with a purposed settlement. I did not take the settlement because i did not trust them from reading other peoples horror stories from the site. I had to respond in my city court because they filed a judgement against me, however i didnt hear anything back until almost a year later. Now they have a lawyer and i have a prelimary hearing to go to in mid april. Should i send them a DV letter again to the law firm and the appointed lawyer. They did not respond to the first one however when looking back through all my paperwork i relaised i somehow misplaced the fax cover sheet and the debt validation letter. Im wondering if that will play against me or should i just inform the judge that i did so. Also is there anyway of getting it thrown out since it seems they have no way of proving when the last payment was made, i think it was sometime in 2004. If anyone has any information on how to better prepare myself for the court date i would appreciate it, the debt is only 1300 and honestly i would much rather get rid of it and get it off mycredit report i just dont want them coming back for anymore money after the fact....Thanks
It is too late to DV them as it is already in the court system.
It is too late to DV them as it is already in the court system. however, you should go to the court and ask them about filing discovery. In discovery you can ask for all the documented proof of this debt. If by some miracle they do provide it, you will have the date of default and can use that to see if the account is past SOL, if it is then you use that as a defense, but ONLY if they proved the account, because with SOL, anything over $600 will get a 1099 and you would have to pay taxes on it as income.
