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30-Day Notice by Collection Attorney Office

Date: Tue, 04/20/2010 - 12:33

Submitted by Nasim1267573302
on Tue, 04/20/2010 - 12:33

Posts: 17 Credits: [Donate]

Total Replies: 1


I have a debt lawsuit pending in my county court 3 weeks from now. I received letter from collection attorney office; claiming it repesentating that credit card company. In the letter they also asked me to dispute if I have within 30-days. I disputed their claim and asked to validate the debt, and also asked it to send the copy of the credit card agreement with my signature in it as well as a copy of the asignment by creditor to represent them, also the payment history to see if total claim is correct. I disputed in certified mail with return receipt which is within 30 days of their letter. I have been keep tracking by USPS barcode online to see if they received it and when. The tracking info showing that it was not received by the collection office yet. The collection attorney office only mentioning their P.O. Box address in the correspondenses. So, the certified mail was in P.O. Box address. Now, I am guessing that they are purposely delaying to receive my certified mail. Postal certified receipt shows the expected delivery date the next day. It is already 8 days, no sign of receiving it. My question is how the 30 days timing is counted ? Is it the date I mailed it or the date they received it ? If it is after 30 days, can I still dispute the claim ? I have the proof that I mailed before 30 days. But If they received after 30n days, what will happen to me. What I neeed to do. Please give some advice to stop the lawsuit. This collection attornry also sent another letter within few days of their first letter saying that they will move the court on the lawsuit day to add attorney fees of some $450 !!!! Can they legally do that ? How can I stop the whole thing. $1000 credit card is now $2300 with fines, now they are adding attorney fees on top of it. I sent an offer to the original creditor to settle it for $750 with the help of my some relatives and friends. Credit card company previously offered to settle it for $1500 which I can not afford. Please advice me as soon as possible. Thanks a lot...


If you are sued, then you must file a reply to their summons and along with file a motion for discovery which would reveal the details about the account. Check with the court clerk for help.

Attorney fees can only be added if they successfully win a judgement against you. Hence, it's important not to let them get a default judgement.


lrhall41

Submitted by SC on Tue, 04/20/2010 - 22:56

( Posts: 3937 | Credits: )