I posted on here a few weeks ago that I was served with a summons by AAC for a charged off 1st USA account. My questions were no necessarily answered the way I had hoped; but that is ok. I have been out of town on business for the last 3 weeks and have just returned home. I am still not sure if I should send a validation to the CA or not. I'm not sure if I want to talk to an attorney either. The debt is old and by my CR it shows that it charged off in 5/00, but I'm sureit had to be before that. Also, I noticed on my EXP that the account w/ 1st USA (Bank One) is now gone: I never disputed. y 28 days is up on Dec. 1st. I know I have dragged this out, but I had to travel for work. Basically my questons are: Should I send out validation to the CA/ or their attorney OR should I talk to a lawyer about settling the account without going to court? Thanks!
No, the SOL is not up until 5/04 or 6/04 (SOL in OH is 4 yrs). I went to an attorney and they wanted a retainer of $500, which I don't have. The attorney was very nice and looked over my letter and gave me suggestions of I could do. He also said that even if he took my case, the outcome couldn't be any better than if I did it myself, I'd just be out of $500 bucks. So, I sent the Val letter to AAC on Friday via overnight, CCRRR. I have to file the originals w/ the County Clerks today. I have a copy of the letter that I sent to Creditor (notorized) along with the following letter to the County Clerk: D Munp Crt Civ Div DM CC Bldg Attn: C of C 123 ABC Street Anytown, OH RE: Civ Summ Case:12BBB3456 Creditor, LLC., Plaintiff VS Me, Defendant Clerk of Court: I, Me, dispute the claim filed by the Plaintiff, Creditor, LLC or its representative(s) on Oct 1, 03, which is my right under law, pursuant of the Fair Debt Collection Practices Act. I am requesting full validation of the alleged debt, that is, any competent evidence that I some contractual obligation to the Plaintiff. Please find attached the original, notorized, type-written response to the claim listed above. A copy of this response has been mailed to the Plaintiff, Creditor, LLC, or its representative(s) via Certifed Mail, Return Receipt Requested. If there are any questions or concerns that need to be addressed concerning this response, please do so at the address listed below or contact me at 123-456-7890. Me 321 MyStreet Anytown, OH Notory Public Sealed and Signed (here) I realize that this is a shot in the dark, but I also know that the Creditor doesn't except me to do anything but to lie down and take the strokes.....I think not!
