Judgement after not getting debt validated
Date: Sun, 07/11/2010 - 13:35
Hi,
I have been to court 3 times now on the same debt...as soon as I got the
letter from the laywer representing capital one I sent a letter asking them to validate the debt certified return receipt....They did niot respond. I sent a second one..they did not respond...The filed and we went to court...
I told the judge I never received the validation..I was given at that time the
credit card statements at on that court date and the judge continued to another date and order3ed the lawyer to provide me with any additional discovery. he ignored the violation or was not aware 15 USC 1692a
I requested additional infor amtion on haw the interest was calculated and fees. The lawyer responded in writing to say they had no more
I went to court the 3rd time. The judge had to look up 15 USC 1692a
I believe he did no under stand the law and found for the plaintiff
for 1500 for a 300 debt .. I was told by the judge that I can appeal.
I am looking for a case law or something to work with.. I suppose if I knew the law better I could have done better in court the first time if I had clarified the law to the judge of cites something..It was a clear violation
i just did not know how to present this....any thoughts on this would be greatly appreciated
barry
I have been to court 3 times now on the same debt...as soon as I got the
letter from the laywer representing capital one I sent a letter asking them to validate the debt certified return receipt....They did niot respond. I sent a second one..they did not respond...The filed and we went to court...
I told the judge I never received the validation..I was given at that time the
credit card statements at on that court date and the judge continued to another date and order3ed the lawyer to provide me with any additional discovery. he ignored the violation or was not aware 15 USC 1692a
I requested additional infor amtion on haw the interest was calculated and fees. The lawyer responded in writing to say they had no more
I went to court the 3rd time. The judge had to look up 15 USC 1692a
I believe he did no under stand the law and found for the plaintiff
for 1500 for a 300 debt .. I was told by the judge that I can appeal.
I am looking for a case law or something to work with.. I suppose if I knew the law better I could have done better in court the first time if I had clarified the law to the judge of cites something..It was a clear violation
i just did not know how to present this....any thoughts on this would be greatly appreciated
barry
You don't mention what state you are in. Your time for appeal is
You don't mention what state you are in. Your time for appeal is probably short. I know you probably don't want to pay a lawyer to work out a $300 debt but it sounds like you might need one now. Appeals can be a tricky process. Can you qualify for a legal aid attorney? This has now progressed to the point where you not only owe a ton of money on what was a small debt, but now you have a judgment as well, which (again depending on where you are) could have a huge impact on your credit, so it may no longer be a simple matter of the cost of the attorney being more than the debt is worth.