A law firm sent me a letter on 10-22-08 informing me they were collecting for LVNV Funding.I sent a request for validation on 11-18-2008 over night mail with signature confirmation and it was signed for on 11-19-2008 so on the 28th day after first letter from them they received my VD letter,so within my legal 30 days. On 11-21-2008,2 days after receiving my VD request, the attorney filed a civil claim against me and today 12-01-2008 I was served the papers.I never received any validation at all.Based on the date of the letter I first got from attorney, they filed a claim against me on the 30th day so is this not overshadowing or illegal , because I am supposed to be allowed 30 days to dispute the debt but was not given 30 days I was given 29 and lawsuit filed on the 30th day 10-22 to 11-21 ? Then they never validated anything, sued me anyway, yet I have signature card to prove who signed for my DV letter, when, and the time.Seems they have broke the law 2 times already, am I correct? Should I include all this information in my written response to teh judgement along with copies of letter & signature card? Can I file interrogatories myself or must I have a lawyer? If I can do it myself can anyone tell me how and what forms I need or provide more information for me? I mean is there not something I can do to force them to answer questions about validation and date of last payment through the courts? Can anyone tell me steps I should take now I mean how do I fight this law firm?What should I write in my written response to the judgement? Also, the account date of last payment was 05-2005 yet the collection agency has 12-2005 on credit report. I know it is over 3 years since my last payment and SOL in NC is 3 years so can I request somehow they provide proof of last payment date? Payment information would show last payment was in 05-2005 so the SOL would had passed.Sorry so long, in need of help!!
Remember that there are two separate actions. That they sued you for the debt is a separate action from the fact that they potentially violated the FDCPA. To keep things simple, I'd keep them separate. So, that you've been sued for the debt means you have to defend yourself against that suit. Claim the SOL as an affirmative defense, etc. AND It sounds like they overshadowed the letter (remember the 30 days starts from when you RECEIVE the letter not when they sent it) and continued collection activities without validation so you have a couple of FDCPA violations on them. However, you're probably best making that case in federal court instead of as a counter suit. It's a tough call, but in Federal court, they have a better chance of being interested in the FDCPA instead of the debt where as in local district or superior court, they are more likely to just care about the debt and not the FDCPA. You mention a judgment, but that seems awfully soon if they've just filed suit. Do you mean the suit? In the answer to their interrogatories, I wouldn't say any more than necessary, but I'd also be working on a federal law suit. You might want to talk to a lawyer as this is a lot to do all at once if you're just starting.
Get an attorney insofar as NC has a strong consumer code. If you cannot afford one or cannot find one who'll take the case on a contingency, do this . . . 1) File a Motion For a More Definite Statement or a Motion to Dismiss for failure to state a claim. I presume they just attached an affidavit if anything at all as proof of the debt. 2) File a Counter-Claim under the FDCPA and NC Law. Contrary to popular belief, federal court isn't always the best route (more expensive and no place for a pro se litigant). 3) If your motions are denied and the case is allowed to proceed, file a Motion To Strike any allegations in the Complaint that asserts you owe anything. Again, an affidavit isn't sufficient legal proof unless the affiant is present at trial for cross. 4) If that is denied, file an Answer with the statute of limitations as an affirmative defense.
Thanks for the information.The only thing attatched to my summons is a list of statements by plantiff like I am in default, I owe XX amount of money, the plantiff is requesting interest at a rate of 8% beginning 10-18-2008, my name, original creditor, and who the plantiff represents.Nothing else.Not the CC agreement and no validation at all. Yes, sorry, I meant lawsuit in previous post not judgement.I have 30 days from yesterday,12-01-2008, to file my written answer or then they will get a default judgement. Can I, myself, file something, like interrrogatories, to require the attorney to answer MY questions? On my summons it states this would be a non-binding arbitration case, so during arbitration my defenses are brought up then correct? How does the process work? How can the plantiff be forced to validate the debt,what legal way, and how can they be forced to show date of last payment since this would show SOL has expired? Would the arbitrator be the one to force the plantiff to validate debt and so forth? Since I disputed the debt within 30 days and I did not use up the full 30 days allowed, is the attorney allowed to go ahead and file suit, as they did, or are they required to still wait the full 30 days,which they did not do? Is it still considered overshadowing?Is overshadowing actually breaking a law? apexcrsrv,thanks for the info.So do I file my written answer last after all other motions and etc. are denied? What happens after I file my written answer is a date set up for arbitration, the plantiff made to get proof of debt, or what happens then? Just trying to make sure I can gain all the knowledge possible as this is all very confusing, stressing, and I am extremely nervous about it and I do not want to make a mistake in what I file, when, and what I file and etc. Thanks so much for all the help.
