Summons sent with no answer to Debt Validation

Date: Thu, 05/28/2009 - 13:29

Submitted by anonymous
on Thu, 05/28/2009 - 13:29

Posts: 202330 Credits: [Donate]

Total Replies: 2

An attorney sent us a letter saying we owe $22K+ to our credit union for a credit line dated April 2. I sent in a dispute (certified letter) to the lawyer disputing this debt citing the Fair Debt Collections Practices Act 809 validating debts April 14th. I never received any letters back. Instead I received a summons dated May 7th that has a copy of our contract. Can I file a Motion to Dismiss due to the fact they never answered by initial dispute. I'm in California. Thank you!

You can file a counter suit for FDCPA violations but right now y

You can file a counter suit for FDCPA violations but right now you need to be more concerned with answering the summons and complaint. You can request validation during Discovery but for $22K defaulted a couple months ago, they'll have every bit of paperwork on it. Go to www.naca.net and attempt to retain an attorney

lrhall41

Submitted by NASCAR_Devil on Thu, 05/28/2009 - 13:55

( Posts: 4671 | Credits: )

Definitely countersue. FDCPA violations are not a defense agains

Definitely countersue. FDCPA violations are not a defense against your debt but if you sue and get $1000 you can use that to pay on the debt!! Suing is considered collection activity according to the FDCPA, but I suppose that in comparison to $22K, a $1000 discount isn't going to bother them very much so it doesn't really give them any incentive to be completely above board....

lrhall41

Submitted by Chrys Henderson on Fri, 05/29/2009 - 05:22

( Posts: 2538 | Credits: )