Going to Court Next Week

Discussion in 'Credit Talk' started by Trilivonel, Sep 17, 2003.

  1. Trilivonel

    Trilivonel Well-Known Member

    I have some questions. I've been in court off and on with this CA for amost a year and if the CA can't produce any proof the debt is mine, they will close the case. My questions are:

    1. What are valide proofs of debt?
    2. If the debt can be proven, can I settle for less than the amount owed? (Because I believe the debt may be mine but if it is, the SOL passed earlier this year and the seven year anniversary is coming up in April.)
    3/ Since I am unemployed can I put off the payment date to give myselft time to secure employment?

    Thanks for any help!

    P.S. This same debt that I've mentioned, the CA had the nerve to send a letter through their attorneys offering a settlement of 50%! How can they do this if the debt hasn't been proven!!
  2. jlynn

    jlynn Well-Known Member

    Its never been defined, and kind of depends on what kind of debt it is.
    Why would you pay it proven or not if it is out of SOL

    This *may* be considered continued collection activity without validating. However, you mention you have been "in and out of court" with them, I won't make a guess here.
  3. Trilivonel

    Trilivonel Well-Known Member

    I neglected to mention that this debt is a debt I've mentioned previously as getting a default judgment but the judge vacated it because I had proof that I asked for validation and they didn't respond. That is why I said that we been back and forth in court. This is the last time I will have to go back to court on this case. So do they have the power to offer me a settlement when they haven't even proven the debt? The debt is a credit card so I guess they would have to present cancelled checks right? The OC is Citibank and I apply for this card over the phone so I didn't sign a contract.
  4. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Going to Court Next Week

    Why are you playing the CA's game? If it's out of SOL, file an answer with the Court asserting that as an Affirmative Defense, then file a counterclaim for Abuse of Process against the CA for filing an action on an out-of-statute alleged debt that they (a) have no evidence that is even owed, much less by you and (b) violating FDCPA by pursuing the debt without complying with your Validation request.
  5. Trilivonel

    Trilivonel Well-Known Member

    Re: Re: Going to Court Next Week

    That is the problem. I'm not sure whether the debt is mine. If they can prove it (which I don't they can because they haven't yet) what should I do? Also when I was first contacted about this debt in June 2002, the SOL hadn't expired by my calculations if the debt is mine. Would that make a difference whether they can collect if the CA proves the debt is mine? Can they go by the date they filed or by the date the debt was proven?
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Going to Court Next Week

    Can they go by the date they filed or by the date the debt was proven?

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