LKH, Its joer again,yesterday i posted about being sued on a credit card collection account that charged off in 1998 I live in NJ and the sol is 6 years so that said i have no defense in that route.To your response i am being sued i have to respond within 20 days.The letter is from an attorney which is representing the collection accnt.My situation is that this accont was originally a citi card account,then it was bought by gulf state.I sent gulf a validation letter which they did not prove it was mine.Now 3 months later im being sued from some collection company that bought the accnt from gulf.In the s letter that the court sent me it also states attorney fees which I think are a violation.What do i do in this situation?Please help.I want to send the layers a validation letter.Do you think ite a good idea?
I would suggest you see a lawyer. If you don't respond in 20 days you lose by default wether you send a valadation or not. Your best bet is to see a lawyer and get a continuance until the opposing side has sent some verification and see where you stand. I wouldn't put a lot of hope in the Spears vs. Brennan case. That case is only good in Indiana courts and New Jersey courts may well have their on case law.
Joer, I am not keepmine, but I will try to help. Most city's have a state bar association. Check with them tell them you need to find an atty who handles consumer debt problems. Hope this helps. Tuit
At this point, I think I have to agree with the others. You need to find an atty. If you send a validation, they must cease collection activity until they validate. So, what will you do if they do validate it in a short period of time? You'll be right back in the same position. I strongly suggest you find a good attorney.
Hm. that makes for interesting reading. If I'm reading it correctly, it basically states that they can't sue during the validation period and that proper validation isn't just the original contract but also an accounting of payments under that contract. or else, how do you know what the balance would be? I like the idea of originally contesting "reasonable" atty fees (even though they goofed and only brought it up on appeal since they didn't appear for the original court date). Do you know if we can use that appeal as reference in lawsuits in other states? or do you just have to find your state's interpretations of the law? (Here's where my lack of legal understanding becomes painfully apparent).
It had better be because if it isn't all that has to be done to avoid the fdcpa is file a lawsuit which would render the fdcpa null and void. I would counter sue too.
is it a "letter" or a "lawsuit" or a "lawsuit with a (cover) letter"? iow, have you received a "letter" of any sort from the attorney?
Why would they sue you for an account that can't be validated? The must know that an account that can't be validated to you can't be validated to the court. Filing a suit they know they can't win-how stupid can they get.?They must not know they have to validate in court. Only a CA could be that stupid!
