sorry didn't post right the first time... several months ago i got a summons for credit card debt of approx$4k. i went to magisterial court and the CA didn't show up. They then appealed the decision and recently i received a copy of a complaint that the CA filed with the county court. i answered, with a counterclaim, and they filed a new complaint stating that my claims were untrue and that i owe the debt. i have a few days to respond. before the legal action began i had sent them a validation letter and they only sent me a copy of an old statement and a notarized letter stating that they bought the debt from another collection agency. (making them at least the 3rd CA after the OC and the 2nd CA. completely junk debt buyers) i am terribly scared of a judgement. my score right now is mediocre-avg (mid 600s) and i already have trouble with renting apts and i doubt i will qualify for a car loan any time soon, so i hope my '94 plymouth last a few more years. what on earth can i possibly do before a hearing occurs, or when the hearing occurs to avoid a judgement? ive followed some advice from other websites. i can't afford a lawyer, obviously, but i think i might be in over my head. is a judge going to buy me saying "they are not the original creditors and they are have no proof that i owe them this money"
I don't know how much I can help you but here are my thoughts. 1. Can you afford legal representation or qualify for legal aide? 2. If not, your local library should have a legal library where you can get legal advice. 3. Did you sent your validation request by CRR? If so, take it, their limited and insufficient response and the court proof that this was once dismissed to court with you. 4. I would send them another letter along with a demand for statutory damages stating that they have failed to supply you with proper validation of the debt and that their legal action is a violation of collection practices and you request your immediate payment of $1000 for statutory damages. CC your letter to the attorney general and better business bureau. Hopefully others have more advice. Worse case, they show up at court with proper validation and you tell the judge that was all you were asking for and will gladly take care of your responsibility without the judgment. Just remember, it seems that not many judges/magistrates are up on credit law so take copies of the exact codes this case affects with you.
