can anyone supply me with case law about verification after the 35 day limit with the debt reporting act??? i was trying to find something on-line and could not. To bring you up to speed - I settled a debt for more that it was worth. After my initial payment, I received a letter demanding the entire amount. I sent a letter asking them to update their records and send me a corrected form to continue payments as agreed. well of course they never sent anything. I sent them another letter requesting the same thing (everything was certified/returned receipt). and of course nothing. well, after a month or so, i sent them a verification letter. i wanted to know if they were legal to collect on this debt. they sent me nothing. i did not hear anything from them for over 2 months. i sent them a total of 5 letters. well two weeks ago, i get a letter saying i defaulted on the agreement and they were taking me to court for a judgment. this is a complete mess. the judge was supposed to render his motion for judgment on Friday, so i have not heard anything yet. but i received a letter on Saturday, stating they did not have to comply with my request for verification because it was beyond the initial 35 day period. please advise...
Did you appear for the court hearing, and did you present copies of the letters you had sent? Did their original letter include the required notice that unless you disputed within 30 days they would assume the debt was valid, and did you receive this letter before your "settlement"?
i honestly do not remember the first letter i received but i am sure i will find it in my file. i was not at the hearing. i took the day off to go. when i called the courts to ask of the time they informed that i did not need to be there. but i sent all of the letters and i wrote the judge the day of the explaining the entire problem with this matter. i have not heard anything yet.
i called the courts to ask of the time they informed that i did not need to be there. jaslken ============== So did they get a default judgment because you never showed?
Was the agreement with their offices in writing? If not, chances are they only made the agreement to get you to re-start the SOL by making a new payment to them.
