Recieved summons from a credit card company
Date: Sun, 11/27/2005 - 18:15
Mrs. B Due to the holiday season, mail will be slow. I would
Mrs. B
Due to the holiday season, mail will be slow. I would mention this in your court appearance, and ask for the date to be rescheduled. During which time you have the right to ask for validtion letter, or speak with legal counsel.
Below is a letter template you can use
[quote]Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on
September 30, 2002. Be advised that this is not a refusal to pay, but a
notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC
1692g Sec. 809 (b) that your claim is disputed and validation is
requested.
This is NOT a request for ???verification??? or proof of my mailing address,
but a request for VALIDATION made pursuant to the above named Title and
Section. I respectfully request that your offices provide me with
competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
- What the money you say I owe is for;
- Explain and show me how you calculated what you say I owe;
- Provide me with copies of any papers that show I agreed to pay what you
say I owe;
- Provide a verification or copy of any judgment if applicable;
- Identify the original creditor;
- Prove the Statute of Limitations has not expired on this account
- Show me that you are licensed to collect in my state
- Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported
invalidated information to any of the 3 major Credit Bureau's (Equifax,
Experian or TransUnion) this action might constitute fraud under both
Federal and State Laws. Due to this fact, if any negative mark is found
on any of my credit reports by your company or the company that you
represent I will not hesitate in bringing legal action against you for
the following:
- Violation of the Fair Credit Reporting Act
- Violation of the Fair Debt Collection Practices Act
- Defamation of Character
- If your offices are able to provide the proper documentation as
requested in the following Declaration, I will require at least 30 days
to investigate this information and during such time all collection
activity must cease and desist.
Also during this validation period, if any action is taken which could
be considered detrimental to any of my credit reports, I will consult
with my legal counsel for suit. This includes any listing any
information to a credit reporting repository that could be inaccurate or
invalidated or verifying an account as accurate when in fact there is no
provided proof that it is.
If your offices fail to respond to this validation request within 30
days from the date of your receipt, all references to this account must
be deleted and completely removed from my credit file and a copy of such
deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be
made by your offices to my home or to my place of employment. If your
offices attempt telephone communication with me, including but not
limited to computer generated calls and calls or correspondence sent to
or with any third parties, it will be considered harassment and I will
have no choice but to file suit. All future communications with me MUST
be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order
before I am forced to take legal action. This is an attempt to correct
your records, any information obtained shall be used for that purpose.
Best Regards,
Your Signature
Your Name
[/quote]
Hope this helps, and let us know what happens.
Regards-
Mike