Re: [tips_and_tricks] Debt collector taking wife to court without validating or verifying debt.
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----- Original Message -----
From: Don Schwarz
Sent: Sunday, October 01, 2006 12:32 PM
Subject: Re: [tips_and_tricks] Debt collector taking wife to court without
validating or verifying debt.
You should get a certified copy of the
original just to make sure they have
YOU as the right person!
Put this in WRITING and send a copy to the court
and the other party.
*** In a court case this type of request is called "discovery" and there are
very specific rules on how and when those requests can be made. If a
discovery request is not made according to the rules, they are not required
to respond. In most courts you do not send copies of discovery requests to
the court, you just file the proof of service with the court. There are
rules that say just how long they have to respond to a discovery request and
if they don't respond in time you can make a motion to compel.
At 03:35 PM 10/1/06 +0000, you wrote:
Court date is Oct 31,2006 for phone testimony from original creditor
due to distance, however we were never sent a copy of original contract
showing her signature. We only received a ledger showing things
purchased and billing dates for each item, but no copy showing signature
What should we do? We send validation request letter. They never
responded with proof.
*** It sounds like you are well into this court case but, if your validation
letter was sent on time (within 30 days of being informed you had a right to
deny all or part of the debt) you will have grounds to get a judgment
Second previous marriage debt is for $15,000 due on a repossessed car
that was bought for about $9,000; the debt collector is charging $1.36
per diem for a debt over ten years old. However as of yet I haven't
sent validation request letter, but will do soon.
*** If it has been more than 30 days since they sent you a letter giving you
the right to deny the debt I wouldn't bother sending a validation request as
they are not required to respond. However, if this alleged debt is over ten
years old I would think the statute of limitations for collecting it has
expired. Just send a letter informing them that although you deny this
debt, the statute of limitations has expired and that per the FDCPA you
demand they cease all communications. There is no law that says someone
can't try to collect a debt where the SOL has expired, there is just no
legal action they can take on it. Check your state statutes.