1st contact was Small Claims Suit - Can I validate?
Date: Tue, 07/04/2006 - 01:40
Can I pursue debt validation when I've already been sued? Or should I just appear and demand validation then?
I checked my credit report today, and the company has filed several "adverse reports", some dating back to January 2006 - but today was the first contact I have had...
Did you sign this account with your ex jointly? If it is signed
Did you sign this account with your ex jointly? If it is signed jointly and if she has discharged this debt in bankruptcy, you are no longer required to pay this account. The company will force you to pay the debt since you are involved in this matter but you are under no legal obligation to pay them.
Check with your local clerk county as well as the latest copy of your credit report about this judgment. The clerk must be having the records of the court orders if it is a legal one.
You can send a debt validation letter to the collection agency and know the actual details of the account. Send your letter through certified mail with return receipt requested.
I don't think she ever signed anything, but she was still able t
I don't think she ever signed anything, but she was still able to use the card...
The problem is, they just sued me - no notice or anything. I have 20 days to respond, and can't afford a lawyer. I'm going to deny the charge, but not sure how to go about my defense.
Should I attempt validation before the hearing, or just show up and try it then? If I lose and they get a judgement against me, can I file bankruptcy? Or should I file bankruptcy now? I can't possibly pay.
In general, a bankruptcy will discharge the debt in the eyes of
In general, a bankruptcy will discharge the debt in the eyes of the court. In the eyes of the creditor, it is a different scenario. They will insist you to make a payment before your bankruptcy papers are filed with the court. It will be helpful to take some free legal advice and approach in this matter.
Have you checked if this debt is out of the SOL period? Depending upon the date of last payment, you can refuse to pay anything if the SOL has expired. Check the date of last payment with the credit company or in the latest credit copy.
Go ahead and send the debt validation letter to the collection a
Go ahead and send the debt validation letter to the collection agency. This is your legal right to know the debt before you arrange payments. Send the letter through certified mail.
The alleged debt is well within the SOL. My main question is
The alleged debt is well within the SOL.
My main question is this: Should I send debt validation letters NOW, or just wait and demand the info in court?
If you request validation now, you will be able to prove your ac
If you request validation now, you will be able to prove your actions in the court. The judge will see your responsibility in taking care of the matter. If the company fails to validate the debt during this time, the judge will force the collection agency to give you the necessary information.
If you wait for the court hearing, the judge might feel that you were not making any efforts to resolve the matter. Now, you will be able to make a better decision.
