got served june 21

They have until the cows come home to give you whever information you request. As long as they have it when the court date comes up that's all the is going to matter. Make sure you are keeping all copies of any letters you send them for when you do finaly go to court so that you can show the judge that you were attempting to find out if it was yours or not.

Hi James...

There are a few things you need to know.

First, by federal law, they MUST update any entry in your credit bureau files once you send them a dispute letter that the account is disputed. If you do not see that on your credit reports, they are in violation of the law right there.

Next, the credit application they sent you will serve as proof of a few things--for one thing, they can continue to charge interest and fees on a debt as long as they have it, but ONLY if the interest and fees were agreed upon by you in the original credit agreement. So, review the application's terms carefully.

Next, if they cannot provide proper legal validation, as is often the case, then they cannot continue any collection efforts against you. If they cannot, I would file a motion for immediate dismissal on the grounds that the plaintiff has failed to meet the burden of proof. If they cant prove their claims that you owe them on this debt, the court should have no problem dismissing it entirely.

OK, now this is important--you got a response that changed the court date. Who sent you this response? Did it come from the court, or from the plaintiff? If it didnt come from the court, I would immediately check with the court to verify the information. A lot of these collectors use illegal tactics even when going to court because the court does not fight your battle for you--that is, you must know the law and your rights to handle the issue when they screw up. Most people dont know the law, so they never know when a collector breaks it. Verify with the court that the date change is real---some collectors would actually send you a fake letter like that and then get a default judgment against you, because you thought it was changed so you didnt show up on the original date. If they did that, dont worry, we can get that handled as well.

Finally, as for "Sara Rubin", dont let that fool you. These morons use "sworn affidavits" often, and they are actually worthless unless you let it be worth something. Once this goes to court, I would look to get a subpoena for this Sara Rubin and have her appear in person. A lot of times, they use this affidavit tactic to make it sound all official-like, but its pure crap. As a defendant you have the right to have such evidence presented in front of you properly, and this affidavit doesnt do that.

Remember this too--dont let them take forever on this. If you go to the next court date and they dont have this information, request an immediate dismissal. They should be far better prepared than this, since they need to be able to show proper validation to the court to begin with, so if in October they dont have it, file for dismissal. Then, contact the bar association in the state where their attorney practices and file a complaint against that law office. Complain that they filed a frivolous lawsuit and that they dont have any business suing people without at the very least having their ducks in a row first. They are supposed to be professionals and there is no excuse for an attorney not being a professional like that. It causes undue stress to sue someone and haul them into court for an accusation that one cannot even prove from the start, and the lawyer should have known better.

Thank you both and thank you Skydivr your post was very helpful.

1st. i disputed withe the credit agencies all 3 and they have updated the file or so they say and it looks as if they have.

2nd.they have updated them so i am wondering why my validation to the collections/attorneys been ful-filled? seems as if the 3 agencies have updated with info from the oc then why cannot the collection/attorneys have the info to validate?

3rd. the application is one sheet of paper all it has is slots with ssn ,name,dob,and states approval is subject to credit approval on it. there is no terms on it and nothing on the back on the front it does have a bar code???

4th. i checked and there is a court date in oct. it was passed to then when i requested validation.and if i am not mistaken is not resetting a court date when asking to be validated against the federal law of ceasing all attempt or legal action til it is validated seems to me they should dropped it til validated then if validated make the new date then??

5th. the Sara Rubin when i looked at this affidavit is seems to not be very professional laid out no capital one letter head and she signed and printed her name squeezed on the same line instead of using the 2 lines for them.

6th. i looked at the notary stamp and checked it was notarized in suffolk county New York, by a licensed notary in that county butt it must be in a office or one of those mobiel notaries NY has because she has no buisness listing.While i was checking on this I for curiousity put in Sara Rubin name and to my surpise she is a notary in nassua county NY. that is amazing i think.

7th.i researched and feel i am companate in my researching but if you have any knowledge it would be thanked.In the state of TN. a lawyer cant collect debts incurued in normal business but when they collect debts as a debt collector they must be licensed because their attorney exemption is no longer valid if they promote themselves as debt collocters or collection agency which this Grisham,Knight & and Hooper from Chattanooga Tn does?

8th. so you feel that if i let them go from june to Oct is sufficent time for them to validate ? also and is not out of line if i force them to produce it or ask for it to be deleted or dismissed perminately?


i never paid any mind to this world of debt collectors but since this and being laid up with a leg injury i have found it fasinating to read about what tatics they use to cause harm to others.

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Skydiver

Can I send you my paperwork? Gosh you picked up on things I never even thought of.

Moki

sure moki, you can fax it to the same number as last time, I will look through it and see what we've got.

UPDATE! i sent a letter after 60 days feeling this was ample time to validate and told them if they do not have validation they should delete this from my credit report.about 2 weeks later i recieved a letter back from the same attorney or debt collector
they are attornies but also debt collection agents lol. well anyway the letter i recieved said enclosed it the application statements and all the paper ledger of this matter, well i turned that envelope inside out and was nothing else in it .lol i am still amazed that they sued me then i asked validation so they moved the court date 3 months and after 60 days i wrote the letter feelin this was ample time to validate it or delete it,then i recieve a letter sayin this and that was enclosed but it was empty.
PLEASE GIVE THOUGHTS ON THIS!!!!!

Oh wow! U have GOT to be kidding right? I'm guessing send them another dv letter and state in there what just happened! I'm stumped though... i'm sure someone who knows more will be along shortly to help u with this James!
These people NEVER cease to amaze me!
:roll:
Ang

no kidding ang.no wonder so many people get confused over a CA tatics and no wonder the CA's make so m uch money

So they send you what was supposed to be validation but neglected to include the actual validation in the package? :shock:

That is crazy!

And i'm SURE it was a mistake on their part! :roll:
NOT!
Ang

yes they sent me a supposed validation but was nothing included lol.this company is wild or something. a attorney who claims to not be a debt collector so does not need a license due to that,but they in communication letters state they are debt collectors lol.so far the not validating it to me. verify it at credit bureaus... is 2 violations,then this fradualnt letter with no validation inclosed is 3? andsueing e with not proper proof 4? and then the verify at CB is that not a 5th is that not action on the case without verifing?

To begin with, almost everyone in a given law office is a notary public; second of all affidavits are not typically on company's letterhead (they are typically printed on paper with the caption on top of it) and the list goes on and on. The affidavit will stand up if this person exists.

The other thing you need to do, is even though the ocurt date (or time to respond to complaint has been extended), you should ask for a 'stipulation extending time to respond to complaint', so it has both your signatures on it and is filed with the court. This will ensure the new date is set in stone.

Collection attorneys need not be licensed as collectors, but must follow the fdcpa. However, if they sue, they must hire a lawyer licensed in your state. Look up your state law, especially your state's rules of civil procedure.