I am really new at this. I received a summons from an attorney suing on behalf of a collection agency. I have read some of your post, and don't mean to rehash old business, but it is from DAG Financial Trust. On my credit report it list Arrow also so I am assuming that is who it is. Also it is an old providian account but it was closed in October of 2002. My state also lists accounts SoL after six years.... Is that to the month exactly? My question is that i found info on how to attempt to deal with it in the courts. The first thing I was told to do is to send for a Debt Validation request, certified mail, but to whom do I send it to..... ? The collection agency, the attorney handling the case or both? Anything would be appreciated. THanks everyone!!
Too late for a request for validation . . . you need to file an Answer to avoid a default judgment. You file this in response to the Complaint and it must be timely filed with the Clerk and upon opposing counsel.
Thank you I was reading some of the other posts you make and will check for the form letters to do so for filing an answer. May I ask are you farmiliar with the phrase "sworn Denial" or a graduated denial. I truly appreciate you responding back...
A sworn denial in general is much akin to a verified complaint. In other words, it is notarized with a Verification. Other than that, we've never used them. We have served verified Complaints since most courts in WV require it.
Well I just wanted to thank you for the info. Today I filed my sworn denial. Any idea what the next step should be... I was figuring I needed to send for "discovery" . Is that something I have to send through the court again or can I just send it to the other attorny through certified mail..... From what I have read, I need to be very specific and ask for validation not just verification....Also ask for about specifics for where the debt originated.... Anything more would really be helpful and boost my confidence in this matter. I think it would be worse to me, if I had not done anything..... At least I am standing up for my rights. I don't know what will become of this, but at least I tried!
