Debtconsolidationcare.com - the USA consumer forum

Original Creditor Debt Validation

Date: Mon, 04/14/2008 - 14:02

Submitted by anonymous
on Mon, 04/14/2008 - 14:02

Posts: 202330 Credits: [Donate]

Total Replies: 5


Hi, I have a question please. When a CC company (still the original creditor) sues you and only attaches a copy of a statement from them (Exhibit A) only showing a late fee and an overlimit fee, is that adequate debt validation? Can you still request validation of the debt from an original creditor? Do you have to request debt validation or are they supposed to provide more statements, etc. in court in order to have a case? I have to answer a summons soon and want to make sure I request to validate the debt if I need to.
Thanks!!
Mom in Ohio
(SOL has not passed, btw)


Discovery does not have to be requested, correct? They should be preparing paperwork and getting necessary copies during the time before the court date on their own? So, if we go to court and they have nothing more than this statement that has nothing itemized, I can request a motion to dismiss with or without prej?


lrhall41

Submitted by on Mon, 04/14/2008 - 14:31

( Posts: | Credits: )


It is best to make your request in discovery, that way it is recorded by the court that these documents are to be requested and that the plaintiff has failed to produce said documents. At this point you would motion to dismiss with prejudice. Dismissing with prejudice will keep them from filing another suit.


lrhall41

Submitted by JCEMT on Mon, 04/14/2008 - 15:27

( Posts: 2934 | Credits: )