My wife was summoned to court for old debt 29 days ago by a big JDB. Should I send a DV letter or just wait for it to come out in discovery? I contacted the OC and they only have the last 3 months of my wife's statements. They are searching for the original signed contract from 1997. What is the standard today for DV in a court of Law? I see so many different interpretations.
What kind of debt is it? At least for credit cards, they don't need a signed contract in most states. The use of the card is considered acceptance.
Thanks Hedwig, It is for a old target credit card signed for in California in 8/1997. What is the acceptable DV today for DV? The reason I state that I need the original signed contract is that I believe this is SOL in California and want to see if the original contract has some stipulation that the SOL is in fact still abides by California codes on SOL and not on the state the company resides in. Some more relevant fact: Last payment July 2004 bank records to substantiate. 30 days late Sept. 2004 late 30 days Aug 2004, 60 days late Oct. 2004 Summons August 2008. Also the company that filed the complaint is one that a lot of people are talking about on this forum as unscrupulous in their aggressiveness to collect on bought debts. Anyone want to chime in?
Ask for it in discovery. If they can't produce it, move to strike the affadivit. I am assuming you already plead SOL as an affirmative defense? The definition for validation can be found within the FDCPA.
On the Answer I submitted to the court before the 30 days. I checked the box. Affirmative action. My statement was: "Defendant contends that this debt has past the California Statute of Limitations and asks for Debt Verification from the plaintiff". Hope its not to simple in the wording.
In your statement you should have also mentioned: Last payment made: July 2004. Anyone who passed math and can read a calendar will realize that the four year time period is NOW up and over.
How do I add it into the record now? Can I amend the answer, last payment July, 2004? I have the copy of CRA that state it as fact. Also will have the last 3 months of statements soon.
