Being Sued For A Debt I Didn't Validate
Date: Tue, 06/29/2010 - 13:55
A credit card account of mine was allegedly sold to Vion holdings and I got a notice from a law firm that practices in my state several months ago that they were attempting to collect. Back then, I was working with a debt management firm who told me to ignore the letter, so a debt validation was never obtained (I am no longer working with them).
Several months have not passed and they are now suing me. I have not been served papers yet, so not sure what documentation they are providing, but assuming it is close to nothing, what is my play here? File response with affimative defense and ask for proof of ownership and contracts/statements during discovery? Or should I call them directly and ask for it now and try to work a settlement if they have the paperwork?
Several months have not passed and they are now suing me. I have not been served papers yet, so not sure what documentation they are providing, but assuming it is close to nothing, what is my play here? File response with affimative defense and ask for proof of ownership and contracts/statements during discovery? Or should I call them directly and ask for it now and try to work a settlement if they have the paperwork?
My recommendation is to wait until you have been served and put
My recommendation is to wait until you have been served and put all your affirmative defenses (and object to any paragraphs you don't agree with) in your answer and attach any evidence you have that the people trying to collect do not in fact have the right to collect. I also recommend sending them a validation letter via fax or certified mail while you are waiting for them to sue you. If they don't respond to the validation letter at least you will have some evidence that you attempted to contact them.
