When the debtor is given 30 days to request validation for a debt, is the 30 days--- business days(Mon -Sat) or 30 calendar days (Sun -Sat)?
Thank you for the reply. Another question if you don't mind. If you were sued for a debt and did not know about the validation process, until reading this board, could you ask for validation then? Summons served, just not been to court yet. So 30 days has passed. Hoping that ignorance will work in this case.
Who is sueing you the Orig. CR. or a CRA.?If It's a CA I would send them A Val.L. CRRR. In any event you will have to answer the Summons!
The collection agency is sueing me. I faxed and sent validation CRR. Received green card back. I also noticed that day after I did fax, the CA called twice a day for about 5 days. No, did not answer the phone and they would not leave a message either. I plan to use this in court for my defense, stating that I requested validation and they refused and show fax trnasmission and green card, proving they got it, but did not reply. But in reading some previous posts, I was reading about how they still can obtain a summary judgment anyway. Failing to validate is a violation. When I as served the summons attached was the application for the credit card with my signature. An application is not validation...I mean, where did they come up with that amount and a signed application, does not mean you owe any certain amount....heck could pay card in full each month. So while I may be going about this backwards and most likely wrong, I am trying to get them to validate and prove how much I actually owe. Would them showing up in court with the requested articles for validation let them get the judgment, or do I still have rights to dispute and negoiate with them? Thanks again for your reply.
I think the limit on the credit card was under 1K, but I could be wrong. Charge off is listed for $1200.00, but with fees and other charges added, attorney claims over $2100.00 being sought in suit.
1-A* This is 10 violations worth $10,000.oo if you can prove it. 1-B* If you did not answer the phone and they didn't leave a message how do you know it was them calling?What proof do you have that they called? 2*They do not have to reply to Val.So that in it's self is not a Violation.It only becomes a Violation if they try to collect after getting the Val.L and before Validating.The CA can sue you with out validating because filing a law suit is not considered a collection activity:
1*Yes they can get a judgment but they have to give you your day in court and prove(IE VAl.) to the court you owe the amount they are sueing you for.If they fail to prove it in court they will not be granted a judgment. 2*this is not a Violation - Taking collection action W/O Validating is : 3*They will have to do this if it goes to court 4*Depends on if it is proper Val. 5*Yes you do!
They owe you way over 2100 dollars for Violating your rights if you can prove it. Do you think they want to trade $2100 For up to $10,000.oo to you when you sue them.? If they do fine. Either way you have them right where you want them;that is if you can prove the violations.
Thank you lbrown59 for your many responses. In response to how do I know it is them calling? Caller ID, displays the number, calling from pay phone to see who it is answers and it is the CA. But claiming I see numbers on caller ID on such and such date and such and such time, is my word against theirs. For #2... they can sue without validation, providing I did not request this and win a judgment based on that fact...correct? But I have now requested validation and court should still take place, I assume, where I hope to nail their butts??? You also stated in another post of lbrown59 | 3148 posts since Feb 2001 205.188.197.31 | 03.05.2002 @ 10:41 They owe you way over 2100 dollars for Violating your rights if you can prove it. quote: -------------------------------------------------------------------------------- Originally posted by whatever I think the limit on the credit card was under 1K, but I could be wrong. Charge off is listed for $1200.00, but with fees and other charges added, attorney claims over $2100.00 being sought in suit. -------------------------------------------------------------------------------- Do you think they want to trade $2100 For up to $10,000.oo to you when you sue them.? If they do fine. Either way you have them right where you want them;that is if you can prove the violations. Let me make sure I understand this on the violations then. I requested validation and they fail to validate and seek judgment anyway, but to obtain one is thru the means of a lawsuit, which you said they could do, file one that is. So this is first 1K violation? As for the phone calls showing up on the caller ID, I think would be a hard one to prove. But what the heck, I am po'd by the way CA's treat everyone like a piece of crap. It is about time we get our day in court or at least really make them work for their money. Now this is a hopeful question, but what if I show up on court day and my name is not listed on the docket for the court cases that day? Wishful thinking on my part. Thank you so much for your reponses, help and information!
Got a camera?? Start taking pictures of the phone number on the caller ID, have someone else look at the caller ID to be your witness. Have that witness (or many witnesses) sign a notarized document stating they witnesses it.
Thank you for that idea. I just happen to have a polaroid handy as well. I am sure I can get some friends to look at my caller ID for me as well.
This is a good example of one important reason why Caller ID.should not be used as a replacement for an answering machine. I would advise installing an answering machine on your phone right away. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ While Caller ID may make a good supplement to an answering machine it makes a poor substitute for one.
I do have an answering machine and yes agree, having one makes sense...just sucks when they aren't wanting to leave the message.
