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I'm about to be sued over collection

Date: Sat, 05/14/2005 - 12:39

Submitted by anonymous
on Sat, 05/14/2005 - 12:39

Posts: 202330 Credits: [Donate]

Total Replies: 4


I received a certified letter yesterday. It's a court document from a law firm/collection agency. It's an "order for alternative service". I don't know what that is yet, but I guess they are suing me in local small claims court over a credit card that was charged-off 3 years ago. Anyway...this law firm has NEVER sent me any letter informing me that they were collection on this debt. I know they need to send me a letter informing me that they are collecting on a debt and that I have 30 days to dispute the debt. I also know that I would then request that they validate the debt too. I have dealt with many CA's and after disputing the debt and asking for validation I never heard from them again.

SO my questions are these.

1) Can this lawsuit be dismissed because they never contacted me about the debt and I never was allowed to dispute it and have them validate it? In fact, can I sue them because of this under the fair debt collection practices act?

2) The documents for validation of this account that was submitted for the lawsuit was a signed "affidavit of account". It's basically a notarized paper from the last collection agency saying they sold the collection account to this new law firm. A second piece of validation was include which is a half page copy of some credit report that shows the last payment I made to GM on this account and the balance at that time. IS THIS SUFFICIENT VALIDATION OF THIS DEBT FOR THEM TO WIN IN A SMALL CLAIMS LAWSUIT? Thanks.

Stephen


Hi vonD

Before going to the court, I suggest you to keep all your papers ready which can put you in the stronger side. Before appearing, please make sure that you have consulted with one attorney who will show you the strongest part to win over this case. However, you can go through this page for further reference.
http://www.debtconsolidationcare.com/validation.html

Regards
Roxette


lrhall41

Submitted by roxette on Sat, 05/14/2005 - 13:26

( Posts: 4009 | Credits: )


I belive after 2 years they can not take you to court to collect a debt.


lrhall41

Submitted by on Tue, 08/09/2005 - 17:36

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I have been threatened to be sued before as well. Never got served with any papers. Also, when calling these such companies to fight over the debt, don't use your ssn# as a source to look yourself up. Tell them they can use your last name. Sometimes there may be more than one Jane Smith in their system and when asked for address, before cofirming (even if you're trying avoid this debt) the debt is yours, ask what the dates of debt are. Some companies may turn it around and avoid this question...just hang up. If they have your address already, you'll be getting something in the mail.


lrhall41

Submitted by Teleport on Wed, 08/10/2005 - 10:49

( Posts: 1388 | Credits: )