I received in the mail yesterday a copy of what appears to be a judgement in the favor of this CA. I am so pissed off! They claim that I did not respond or plead after being duly served. I received the original paperwork on Nov. 3, I responded with a validation letter and they signed for it on Nov. 29. to the address as it was listed on the original paperwork. I then filed a copy of the response w/ the County Clerks office on Dec. 2 (exactly 3 days from the date of service to ACC, as per the letter from the County Clerk). They would have had to VAL by Dec. 29. The thing I got yesterday is dated Dec. 17th. What can I do, short of going the hell off, to prevent or stall a judgement? I am going to try and talk to a lawyer asap, however it is the holidays and a lot of them are on vacation. What a way to spend Christmas, upset over this crap! Any thoughts?
I just noticed something at the bottom of the paperwork, it states "this communication is from a debt collector"
sit your butt (naked) on the copier. press start send in return to them. for extra charm use lipstick-lipprint on the copied sheet. you said they were called ASS acceptance right
Unfortunately, a validation letter is NOT an answer to a summons. Whoever told you it was was wrong. If you were served before sending the Val letter, you are out of luck. If you were served after they recieved the Val letter you MAY have a case for having the Judgement Vacated as a violation of FDCPA. I am not aware of any successful attempts to overturn judgements based on FDCPA and Lexis/Nexis could give me no precedent.
f you were served before sending the Val letter, you are out of luck. If you were served after they recieved the Val letter you MAY have a case for having the Judgement Vacated as a violation of FDCPA. 1* I am not aware of any successful attempts to overturn judgements based on FDCPA and Lexis/Nexis could give me no precedent. Flyingifr ================ 1*But can't he still sue the CA for attempting to collect without validating ? >------------>> LB59
I sent my answer to them after i got the summons. I also filed a copy of the answer with the county court office. I check on there (the courthouse website) everyday, and nothing has been updated since I filed my answer on 12/2. I am going to speak w/ an attorney again today. On top of this case, I was recently sent to arbitration by Ass ACC for an MBNA account. I am really about to lose it over here. Both are still within the SOL in Ohio.
Based on what you said here: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=53279 There is a report showing continuous delinquency since 3/97 - that would put this debt past the SOL in OH. Everyone who responded said a validation letter would not work in this situation, I don't understand why you decided to do that. IMO, you should have answered with affirmative defense that the debt is beyond SOL, as Why Chat suggested. I don't mean to be mean, I'm sure you are going through it right now, but what you did doesn't make sense, and I think it's important for others who read here to see the point. You cannot answer a court summons with a validation letter. You have to answer in the proper format. Validation is not a magic wand that makes the thing go away when you wave it, it's one of many "tools" you can use. It's important to use the right tool in any given situation. Was there a court date? Or just a respond date?
