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What is my next step

Date: Sat, 02/07/2009 - 19:40

Submitted by anonymous
on Sat, 02/07/2009 - 19:40

Posts: 202330 Credits: [Donate]

Total Replies: 1


I was sent a letter from forster garbus that said the were attempting to collect a debt. So i went to my city court and answered there summons b saing that the amount the calimed i owed was unjust and that i wanted them to verify the debt was in fact mine. I was instructed through this site before to allso DV them. They havent answered either but i recently recieved a settlement offer from them. How do i respond to the settlement offer if i feel it is unfair, or should i just not repsond and DV them again.


So did they sue you or did they just contact you, I am confused. If they sued you and you answered the summons then you need to wait. They will most likely be sending you Interrogatories, request for production of documents and request for admissions. Yoou will have to answer these within the time specified. They might ask for your SS#, I would not give it to them as by law they can't make you but it's entirely up to you.

Now what you have to do is send them a request for production of documents. You have to type it up in a certain format. When you get their requests you will see what I mean. You will ask them for what you want and enclose a certificate of service with it also stating how, when, where and what you mailed.

If they only sent you a dunning letter and you have not been sued then all you need to do is respond to it within 30 days. I take it that this is not your case though.

I will be back in the morning if you do not hear from me tonight if you have any other questions. As far as a settlement offer if you want you can send them a counter offer in writing and for them to sign it and return it too you if they agree. Send it certified mail return receipt requested.

things to ask for are:

1. What the money you say I owe is for;

2. Explain and show me how you calculated what you say I owe;

3. Provide me with copies of any papers that show I agreed to pay what you say I owe;

4. Provide a verification or copy of any judgment if applicable;

5. Identify the original creditor;

6. Prove the Statute of Limitations has not expired on this account

7. Show me that you are licensed to collect in my state

8. Provide me with your license numbers and Registered Agent

9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.

10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.


lrhall41

Submitted by on Sat, 02/07/2009 - 20:07

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