Need help with lawsuit notice.

Discussion in 'Credit Talk' started by sk1, Oct 23, 2004.

  1. sk1

    sk1 Member

    NEED HELP WITH LAWSUIT NOTICE PLEASE

    Hello Everybody!

    Back on June 3rd, I created a post concerning a creditor trying to collect on a debt. The post is located at the following URL:
    http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=59105&highlight=sk1

    I need help because I'm Scared to death, and donâ??t know what to do anymore. I am going into this battle by myself because I donâ??t have enough money for a retainer for a lawyer. I would appreciate any help that is given.


    Here is a complete list of the events up to now. I hope that you can find something in here that might help.

    Thank you again in advance!
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    On May 28th 2004, I received a phone call from a collection agency for a hospital where I supposedly owe money. They tried to get me to pay over the phone. As it turned out, I didnâ??t pay of course.

    Please note that they did not send me an initial notification letter with the mini-Miranda. Their records show it as "returned to sender- undeliverable." I ended up telling them that I never received the initial notification at all, and that they were calling me on my cellphone.

    On June 8th 2004, I was called by an attorney on my cellphone where he left a message. I called back, got the mailing address and account number, and then on the same day, sent him a C+D, and a Validation letter, as well as the same two letters to the collection agency that first called me.

    I sent another Validation to the collection agency on June 21st 2004 because I had not heard from them at all.

    On July 27th, I received a letter from another attorney (not the same one as above - Referred to here as "Attorney B"). This appears to be an initial contact letter due to the nature of how it is written. (It states in the first paragraph that they are trying to collect on a debt. The second paragraph is about the 30 days to dispute the debt and the last paragraph is about collection of information can be used for collecting.)

    The one mistake here is that I forgot to send out a validation letter to them, I think.

    On Sept 11 2004, I received a summons and complaint from the local court from attorney B. Enclosed in the complaint was a copy of a printout from the hospital with the alleged dates and charges (which is only a printout, not signed by me), the complaint that was filed Aug 18th 2004 signed by Attorney B, and an affidavit of account stated also signed by Attorney B on august 18th 2004.

    On October 13th, I sent a new validation to Attorney B, also a copy went to the court and to the original creditor.

    October 16th 2004, I received a letter from Attorney B that contained a copy of the demand letter and the same printout from the hospital, nothing more.

    October 19th 2004, I received a notice to appear in court for pretrial on November 4th 2004 at 10:30am.

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    Here are the questions I have for all who read this post:

    The most obvious question in my mind is that since the Collection Agency never sent me an initial notice, and then never sent me a response to the request for validation; doesn't that mean that the debt cannot be collected on?

    Can they just switch attorneys even after the first one receives a notice of validation? The first Attorney never responded to the validation either, so does that mean anything?

    This Second Attorney (attorney B) seems to be on top of things, but is there a way to combat him? All he's provided me is a print out of what I supposedly owe the hospital. He hasn't sent me anything that shows that I have a contractual obligation to pay the bill such as a document SIGNED by me stating such. He HAS, though, gone through the trouble of trying to sue me though...

    Are there any landmark cases where there is an actual ruling that if a Collection agency doesn't provide validation WITHIN THE 30 DAYS that they can no longer collect for the debt?
    BTW: I live in Michigan.

    And the last question, what should I do now?
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    Once again, thank you for such a wonderful forum that allows all of us to have a fair chance when dealing with creditors. I really appreciate all the help the people on this forum have been in the past, and one day, perhaps I can be of some help to another.

    I must thank all of you as well for allowing me to post such a long post. And an even bigger thanks to those of you who take the time out of your busy schedules to respond to it to!

    Sincerely and scared,
    SK1
     
  2. Poochie

    Poochie Well-Known Member

    NEED HELP WITH LAWSUIT NOTICE PLEAS

    Ok, you've given a lot of good info to start, but can you provide a bit of additional information ie:

    what is the amount of the alleged debt?
    when was this debt allegedly incurred?
    have you made any payment on the debt through payment plans?
    have either attornies placed an account on your credit report?

    Thanks

    Poochie
     
  3. Poochie

    Poochie Well-Known Member

    NEED HELP WITH LAWSUIT NOTICE PLEAS

    Ok, you've given a lot of good info to start, but can you provide a bit of additional information ie:

    what is the amount of the alleged debt?
    when was this debt allegedly incurred?
    have you made any payment on the debt through payment plans?
    have either attornies placed an account on your credit report?

    Thanks

    Poochie
     

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