Follow up on Dunning letter

You were served?? If so, it is too late to DV....did you answer the summons? Check the court dockets to find out when you were due in court???

The papers that were served were definately legal in appearance, they asked for a response within 20 days, or they would be filed with the court, I responded with a request for VoD.

So far there is nothing filed with the court, & I have not recieved the response to request for VoD.

Just wondering what happens now?

So nothing has been filed with the court? Did you sent your response to the court per civil procedure of your state? Generally once you receive a summons, a DV will not be answered.

There was no summons.

There was nothing filed with the court whatsoever, I contacted the clerks office and they said there was no way in order to file a response with the court where there is no court file/case number etc. I believe the papers were more of a 'threat' or intimidation but this isn't my business or area of expertise so I just don't know how the process works.

I'll have a go at trying to scan the actual papers that were served to see if it clarify's it any.

How were you "served"????

An individual knocked on the door and asked are you ... and I said 'yes' and they handed me the papers.

In my state, they can "pocket" serve you. They have you served with a Summons, which has not been filed with the court. They give you so much time to file a response. Failure to respond results in the company actually filing it with the court and a default judgement is granted. This saves the companies from paying filing fees until they know they can get the judgement.

Well, they don't actually know they'll get a judgment. You can still show up in court to prevent a default judgment. You can work out a payment arrangement while in court to prevent judgment and, if they can't prove you owe the debt, then they get nothing.

It is a violation of FDCPA 807(9) to send any communication that falsely represents it to be a document authorized, issued, of approved by any court, official, or agency of the U.S. or any state, or creates the false impression as to its source.

It is a violation of FDCPA 807(13) to falsely represent or imply that documents are part of a legal process.

As for your DV letter, that only invoked a cease communiction bar on the debt collector, not the OC. If the OC still owns the debt, they are not under control of the FDCPA, and can continue their own debt collection attempts.