I am being sued

Answer the summons!! And when your court date comes, make sure you go. At the hearing you will get an opportunity to make some arrangements..Don't be scared, just be proactive.

Just one damn minute here!

If you sent them a demand for validation of the debt and they didn't respond, they're gonna wind up in a world of sh*t when they get to the courthouse. Make damn sure the judge knows about it. Have your proof [copy of letter and return reciept from the post office] handy. With any luck, you may just get this dismissed. Let us know how it plays out.

Ditto that sentiment wulf! Bring your proof that you requested validation of the debt! They are supposed to cease all collection activity, which includes suing you, until they have done so.

Seek legal council. During discovery motion to show cause by having your attorney request they validate. If motion is granted, the validation becomes a court order to show cause for action. If they can't provide it the case will probably be dismissed.

What happens if they win judgment against me can they seize mu bank account rightaway and garnish my wages . can I tell the judge that I dont have the money to pay and i can only pay 100$ a month. Thank you

The judge will try to get some kind of payment agreement and probably won't make you pay something that will break you.

[quote=reed]What happens if they win judgment against me can they seize mu bank account rightaway and garnish my wages . can I tell the judge that I dont have the money to pay and i can only pay 100$ a month. Thank you[/quote]

Now, don't lets get ahead of ourselves here. If you can prove you requested validation, and they ignored you, the chances of them winning a judgement are remote.

Fact 1: You are entitled to validation of any debt against you, under federal law.

Fact 2: They are required to suspend any/all collections activity immediately upon reciept of your request for validation. Again, this is federal law [fdcpa].

I could be wrong here, as I'm not an attorney. But I think you've got a slam-dunk case. Let's see what the rest of the board thinks.

I think they moved for suit upon validation request because they cannot validate. This suit may be a violation of fdcpa but I'm not too sure of it myself (but you could always try). Also try to get yourself an attorney to represent you, ask your attorney to motion to show cause in discovery by requesting validation documents. The court will most likely approve it making the request for validation a court request in order to show cause for their complaint.

If they can't produce the validation then, your attorney can simply motion for the case to be dismissed.

Also, how old is this debt? When was the last time you made a payment on it? Lastly what state do you live in?

I'm noticing more posts like this lately; not sure if it's been going on a while and I just noticed or this is something new developing. A few people have posted that when they sent a debt validation letter to a CA, the response they get is being served with papers. Is this just their way of upping the ante? "I'll ignore your DV and C&D request, and raise you a lawsuit!"

Are they thinking this is just a clever way of getting around the fdcpa? I hope, as more people learn about the FDCPA and their rights, we can bring this little ploy to a screeching halt.

I'm with you UncleWulf, if I had the proper backup from where I requested the DV, I would definitely take these jerks to court too!

Two can play at that game!

Be sure to counter sue them for court costs and your attorney fees for your trouble. If it turns out that moving for suit as a response to validation is a fdcpa violation be sure to include that in your counter suit as that nets you $1,000 for your troubles.

I'm going to email the FTC and ask them if it's a violation.

Please let us know what response [if any] you get.

What Company are you dealing with?

Also, keep a journal or notes of any time they try to correspond with you during the DV process--that's a big no-no!!

Alos, some attorneys are collectors too- I dealt with one who was-didn't follow the regulations any better!

IF worse comes to worse--the judge will set up reasonable payment plans. If you are in a hardship case, you can also file this with your answer, and the payments will be set accordingly--but you need to bring proof-income,debts, etc.

Just hang in there, and let us know if you hear anymore..Karen :D

I think we are seeing more and more people being sued due to the economy. People just aren't making what they used to make and 1/2 of those didn't really plan for bad things to happen.

Like signing up for some sort of credit protection on a credit card that will pay your balance off or make your payments for you should you lose a job, become ill, or some other unfortunate circumstance. Or they have it and don't activate it before they missed that first payment.

Balances are a lot higher here lately, I've been seeing a lot of post with 10+k in credit debt.

I bthink this economy is impacting a lot more than just individual consumers. It's hurting the creditors, as well. That may have something to do with the rash of suits we've seen recently, and the rabid, go-for-the-throat mentality of what seems like a growing segment of the collections industry.

TO give more information about this debt, The last I made a payment was two years ago with the credit card company. Becuase my interest rate jumped to 34% and then there two CA'S tried to collect and I asked to validate the debt and I never heard from them and then after one year another CA contact me and I asked them to validate the debt all they send me was anivoice that had their name on it and the amount I owe the next thing a lawyer send the a letter asking me tp pay and he said I have 30 days to dispute. I send the a validation letter to the lawyer , he never responded the next thing I know I was served with court papers. I am going through hardship I barely can pay my mortgage.

Well, it sounds like SoL isn't gonna be any help.

I still think you have an affirmative defense[?] under fdcpa, for their repeated and consistent failure to provide validation. I'll bet you the beverage of your choice that they can't validate, and that's why they're rushing to court.

You do have proof of your validation requests, don't you? Copies of the letters you sent, preferably with proof that they were recieved?

Take your proof to court with you. Show the judge that you made a reasonable request in good faith, and were repeatedly ignored. Also take proof of your hardship status to show the judge, if needed.[/quote]

Yes I do have reciept that they recieved it and when I called them yesterday they said they never recieved any thing.

...typical answer. Take the info to court with you.

[quote=Guest]Yes I do have reciept that they recieved it and when I called them yesterday they said they never recieved any thing.[/quote]

Let them tell the judge that before you haul out the reciept. Slam-dunk.

volls and unc great answers and help here as always!!!!!!

When it comes to the actual court case, counter sue them for $1,000 for continuing to collect after you had requested validation. When it comes to what they say you owe request validation in the discovery phase under a motion to show cause. Motion to dismiss the case with prejudice if they cannot show cause.

Well, I talked to a lawyer today and showed her all the letters I sent to the CA and she told me that the CA and their attorney can still sue even though the didn't validate the debt. she said the best she can do is to negotiate the $9000 down to $6000 and she will charge me $1000 . I was surpurised with her answers, I dont think I will go back to see her. what do you think

Wow, that attorney just wanted to roll over. Let's see, negotiate 9k to 6k. You save 3k, but they want to charge you 1k so you save 2k. Not bad, but I would just stick it to them so that they loose their suit then just pay it when you can if they validate.