Phone calls

Yes they can call, and pursuant to Foti vs. NCO, they are "required" to leave the "mini miranda" on the answering machine.

 

What makes you believe that they are in trouble because they can't produce a contract? I'm guessing that you are talking about being sued for a credit card debt. If that is so, they cannot produce a contract because there never was one. They might well be able to produce a copy of an argeement which you agreed to by using the card and accepting the benefits from. In most courts they don't even have to produce that or a copy of it and often don't even do that. All they really have to do in most courts is claim that you applied for and accepted their card and that you never paid and thereby were unjustly enriched.

Another way they do it is by using a concept known as ACCOUNT STATED. Either one will get the job done unless you can prove some mitigating evidence. If you don't know how to fight that then you are the one that is in trouble, not them.

Now just what good do you think that telling the judge they called and left 2 voice mails this week will do? I can assure you that it will do no good whatever. Even if that were a violation, which it might well be depending on what was said, it would have nothing to do with the question before the court and therefore the judge would pay no attention to it whatever.

You say you answered the summons? What did you say in your answer? Did you also prepare affirmative defenses? What discovery options have you instituted?

Where did you get the idea that those things you mentioned would do you any good in court>

 

I think what the original poster needs to remember is that one wrong does not negate another.

If they are being sued over the debt, then they need to respond to the suit and go through all the motions to respond with all the affirmative defenses, request the necessary evidence to establish the obligation and amount owed (if any), etc. But the point of that suit is the plaintiff says "you owe me $x" and the defendant needs to defend against that claim.

If they are calling to collect (and 2-times a week is hardly harrassment unless, it's to a 3rd party, perhaps) that doesn't seem like much of a cause-of-action for anything, let alone an FDCPA suit. But even if it was, it would be, at best, a countersuit, but more likely (in my un-trained, non-legal opinion) a separate action.