Storefront served me w/ small claims summons
Date: Wed, 02/24/2010 - 03:10
The initial correspondence from the collection agency did not seem to reflect the modest payments I had been making so I sent a letter requesting validation of the debt, with a 30 day response time. They never responded. I never continued to pay, as it was now in an agency hands.
I was served last night for a small claims suit for "NSF check".
My question is, how (if there is a way) to defend myself in court? They have attached nearly $200 in interst and fees to the account bringing my balance to over $725.
Any advice from someone who has been to court on this issue would be greatly appreciated.
If you have proof that you sent a debt validation request then y
If you have proof that you sent a debt validation request then yes, you definitely have recourse. All collection efforts are suppose to cease during the validation period.
All you need to do now is 1.) produce the original letter of collection which you received from the collection agency, 2.) a copy of the debt validation letter you sent (certified return receipt requested, hopefully), 3.) and most importantly a copy of the signed receipt from the post office (the green card signed by the collection agency that they received the debt validation letter), file a motion to dismiss with prejudice on the grounds the collection agency violated the FDCPA by continuing collection efforts during the validation process. I would also include a printed out copy of the law from the FDCPA which states that all collection efforts must cease during the validation period.
