do ca attorneys have to validate too?
Date: Sun, 01/16/2011 - 09:15
I defaulted on a credit card and it was sold to a ca.I requested dv from them and they sent statements in return.They then retained an attorney and the attorney sent me one letter telling me they had been retained to collect the debt.There was no orginal account number listed in the letter just the name if their client (the ca).After that one and only letter I requested debt validation and elected arb. 3 months later they have sued me.They never validated and ignored both my request for dv and arb election.
My questions are first, does the attorney HAVE to validate since their client sent me statements already or do they have to as well since i requested it from them as well and asked them to include statements going back to a zero balance and an orginal contract with my signature.
Also.I have less then 2 weeks before the court date but am writing the attorney to inform them again i elected arb and they are violating my rights and if they do not drop the case i will be forced to seek all available remedies to me under law. If we still end up in court and i tell the judge i elected arb prior to suit do I need to present a cardmembr agreement to the judge showing him the arb clause or would I be admitting to the debt by having the cardmember agreement? If things don't go as planned I dont want to shoot myself in the foot.This has got me stumped.The cardmember agreement proves i admit to the debt yet i am using the arb clause in it and disputing that the debt is mine.What do i do?
My questions are first, does the attorney HAVE to validate since their client sent me statements already or do they have to as well since i requested it from them as well and asked them to include statements going back to a zero balance and an orginal contract with my signature.
Also.I have less then 2 weeks before the court date but am writing the attorney to inform them again i elected arb and they are violating my rights and if they do not drop the case i will be forced to seek all available remedies to me under law. If we still end up in court and i tell the judge i elected arb prior to suit do I need to present a cardmembr agreement to the judge showing him the arb clause or would I be admitting to the debt by having the cardmember agreement? If things don't go as planned I dont want to shoot myself in the foot.This has got me stumped.The cardmember agreement proves i admit to the debt yet i am using the arb clause in it and disputing that the debt is mine.What do i do?
