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Small claims case...need help ASAP

Date: Tue, 12/13/2005 - 14:24

Submitted by anonymous
on Tue, 12/13/2005 - 14:24

Posts: 202330 Credits: [Donate]

Total Replies: 1


Okay...allow me to provide a brief explanation of this situation. My fiance received a summons commencing a small claims suit against him by a law firm for a credit card he did not recall ever having. Since then, he has been presented with a copy of the application for the card, which appears to be signed by him. He no longer disputes that he once held the card, however, he is not being provided any proof of purchases made or charges/interest incurred due to use of the card.

I just called to the law firm and requested a validation of the debt. The representative was very rude and said, "what more does he want?! We already sent him what is required." I believe that she is mistaken. Even though the account is now in the lawsuit stage, isn't my fiance still entitled to a validation of the debt? The woman on the phone did seem awfully flustered that I requested this, almost like she knew they needed it and could not provide it.

We cannot afford a lawyer, so I would like to counsel my fiance if at all possible. If someone would please let me know if it is within reason to site the fdcpa in this instance, I would greatly appreciate it. He goes to court tomorrow, so PLEASE HELP SOON!!! Thank you.


Hi

Welcome to the forums.

Ask your fianc?? not to miss the court date. He needs to show his presence so that he can defend himself. Otherwise, the court will declare him as 'guilty' and he will be forced to pay the amount legally.

Immediately, send a debt validation letter to the mailing address of the company through certified mail with return receipt requested. Ask your fianc?? to keep the CMRRR serial number in safe place and also show it at the court tomorrow.

As your fianc?? has every intention to pay the said debt if it exists, he should stress for a debt validation in the court for which the letter has also been sent. The company will be forced to send the info.

Do not leave him alone. He needs your support and he will feel stronger besides you.

Please keep in touch.

Regards
Roxette


lrhall41

Submitted by roxette on Tue, 12/13/2005 - 15:07

( Posts: 4009 | Credits: )