This collection agency sent me a letter for a debt that I believe isn't mine. I called and requested them send me a copy of the original contract, as well as mailing them a copy of the request (didn't send it receipt requested... DUMB!). But, a few days later, they file a suit against me... For $38. I ask them again for validation, and they FINALLY send it to me. It lists my name, phone number and that is it. No signature, no other identifying remarks... It's an old tow bill from a car (that was mine, but I don't think so at the time). Is it possible for me to fight this, since I didn't send it certified mail or return receipt? I know they can't prosecute while I am disputing it, but I can't prove it, other than the phone record. Thanks for any recommendations!
proof You can easily prove the car wasn't yours at the time. If you own your vehicle outright the date you purchased it is on the title. If you don't own it outright, it will be easier to prove because you should have the paperwork from the loan. Have proof the car wasn't yours and also ask for details about the tow. Where from, where to, why? Most times a car isn't released until a tow is paid for.
Is this agency in the town where you live? If so just go to a bank, get $38 worth of pennies, walk into their office, open the bag and throw the pennies at them, and as you walk out flip them off.
It is from a town 100 miles away... Never lived there... It was from 2003. Are they able to sue after I dispute and request validation? They sued after I requested validation and before I received the validation back... I don't mind paying the 38 bucks just to get this off my back... But I don't want to pay legal fees and all that, as I disputed it, got sued... Then got validation (very vague... just a copy of a handwritten receipt showing a $38 balance)... Can they drop the case without paying legal fee's? I am going to write a letter and ask them if I can pay them the original amount minus legal fee's.
Oregon. SOL is 6 years... It's not past the SOL. I don't mind paying the small amount to get it out of my hair... But, I will not pay the legal fee's or allow the judgment on my CR. Grrrr. At least I'm going to be sending EVERYTHING receipt requested from now on. This CA has been a MAJOR dick in the past, and continue to be. Thanks!
If they've already filed suit, you need to show up and answer that suit. Check with the court and make sure they really have filed it. Go to court and tell the judge your story, especially if you can prove the car wasn't yours then. If they've filed suit you don't have time for letters. And don't do what Greg suggested--you could end up in bigger trouble than you're in right now.
I'm not sure why you are sweating that you didn't send the letter CMRRR. They obviously got the dispute, as they responded to it.
I don't think any judge would be to happy to have to settle a 38.00 dollar law suit for the plaintiff in this case.
WEll, maybe not "throw" it AT them, just empty the bag with $38 worth of pennies (unrolled) on the receptionist's desk, and tell them to stick them where the sun don't shine, and flip them off.
This 38 dollars is just creating havoc on their end of year report,and just think what it's doing on their roi.Well no bonus this year my cubilce buddies we were counting on it also for the annual picnic at the land fill,now you boy's get that 38 dollars.If you done this will go on your personal file.
Be careful even with what you say and the gestures you use. Assault does not require physical contact--that's battery. You piss them off, they have you arrested for assault. It will cost a lot more than $38.
In any case it's only simple battery which in most states they write you a ticket and your on your way.most cases never make it to court.or better yet barter with them offer them 3 hens and a rooster the payment that keeps on giving lol.
Make sure you counter-sue them for $1000 for violating by continuing collection activity on an unvalidated debt. You do have an uphill battle since you didn't mail the original validation letter CMRRR. But if your SECOND validation letter referenced the mailing of the original validation letter, you may have been able to memorialize the original validation letter. Anything like "On xx/xx/xxxx, I mailed the enclosed validation letter for this account." Hey, I've had CA's pay more for lessor accounts.
