Lizard King, I was recently served a summons from Discover Card. Prior to being served I reqested validation of the debt within the 30 day period (I sent the validation request via certified mail with return receipt requested, so I have proof). The collection agency for Discover CArd only responded by sending me copies of some past statements and then filed suite in small claims court. The debt is for aprox $2,800.00 The kicker is they served me while I was in Texas *they served my wife and she had no way of contacting me), and I have to answer by Thursay the 29th of July... So I only have a few days to prepare an answer... I already requested a continuence and the county clerk said one would only be granted if the plaintiff agreed (so I'm not going to hold my breath on that one.) Anyway, could you send me a copy or an example of how you have handled this sort of thing. It would greatly be appreciated. Thanks, brushybrett@hotmail.com
Hi Yamsi, If one DV's a CA within the 30 day period, collection activity must cease until validation is furnished. Sending copies of bills previously sent may not be sufficient. I suspect you'll be looking at countersuing as well. Tell us how you disputed this in the first place, not mine? What?
I sent them a request for validation requesting all documentaion associated with the purported debt. I also told them I would not accept any telephone communication... Just a basic request for validation. The debt is legit, but, icome has been cut in half. I am trying to drive up their legal costs so that they will abandon the lawsuit....I fiigure that since the debt is for only $2800 I have a decent chance.... I just need to know how to answer the summons and file a counter claim in small claims court... Thanks brushybrett@hotmail.com
File a General Denial immediately so you have a timely Answer. Within 15 days file an Amended Answer and Counterclaim listing all your setoffs and counterclaims. Check with the Court to see if Discovery is permitted. If it isn't, you can file motion to Transfer to a higher Court where Discovery is permitted and then start bombarding them with Motions and Demands. I am glad you have discovered what is called on another Board as "The Flyingifr Method". Go to Essentials in www.artofcredit.com to see how it works in its entirety.
Thanks Flingifr. -- Do you have any samples on how to file a general denial answer? Thanks in advance. brushybrett@hotmail.com
Thanks Flingifr. -- Do you have any samples on how to file a general denial answer? And the subsequent motions? Thanks in advance. brushybrett@hotmail.com
