Received debt validation sued next day?
Date: Thu, 10/30/2008 - 17:37
Filing through the paperwork there is sheet saying Citibank versus (Joe Schmo) which *isn't* me - and then the paperwork stating the summons against me. I do not find it - well - kosher - that this paperwork is bungled and that I am now aware of someone else's potential debt/lawsuit and that someone may now also be aware of mine.
My attorney tells me that a debt collector does NOT have to prov
My attorney tells me that a debt collector does NOT have to provide the person they are suing a "detailed synopsis" of the amount they are suing for, which is what I think alot people expect when they send a debt validation letter. They DO, however, have to prove the debt in court, which is what a lot of attorneys wait for. They can serve you a summons whenever they want, even without a fully disclosed verification of every detail.
As far as I understand the fdcpa they have to validate my debt i
As far as I understand the fdcpa they have to validate my debt if I send a letter disputing it before they can serve a summons - which is what this debt collector has failed to do. They filed the summons before sending me my debt validation letter.
Since you have been sued, you will now have to request validatio
Since you have been sued, you will now have to request validation thru the Discovery process. What state do you live in? When was the last time you paid on the account? What else came with the summons? The complaint? Request for Admissions or Production of Documents?
I live in NJ. The last time I made a payment on the account was
I live in NJ. The last time I made a payment on the account was January of 2007. It came with instructions as how to respond to this summons via written letter - then a sheet that says "Citibank vs {Joe Schmo - which isn't me}" - then the paperwork (with the attorney's letterhead on it) that says "Complaint Contract".
The thing that is bothering me is that they filed this before they sent me the paperwork validating my debt.