I received a summons via county sheriff for an old credit card debt. The summons is from some law firm I've never heard of, but they've listed The original credit card company as the plaintiff - and they have attached copies of the credit card statement. I have to file my answer with the county magistrate court within a few days. ( I was given 30days - but it's taken me this long to find you all.) I don't know if I should respond with an "Original Creditor Validation" letter, a "Dispute" letter, or both. A little guidance would go a long way. Thanks.
This is very similar to my friend's situation (see the thread "About Judgements..." posted just a few days ago) I found some interesting things, but I'm not sure I can post URL links here. This tactic sounds like it may be from the same CA and their lawyers. Basically, there is a well known scumbag CA that has lawyers working under them in many states. I've read many stories that sound much the same as my friend's situation, and much the same as yours, from the little you said. In short, you should either answer the summons or appear in court. To do nothing (which is what my friend did) will get you a judgement against you. How to respond: I think you should ask them to validate the debt. Send them a DV by CM/RRR asking them to prove that you in fact owe this debt to them. From what I read, that usually cause them to go away, because they can't prove it. When they get no response from you, they keep pushing ahead quickly through to the courts, and it happens fast. There are sample letters here, but I know it takes so much time sifting through everything. A basic DV, which might be enough, looks like this: Your Name address city, state, zip Their name address city, state, zip Date RE: Account # 12345 Via Certified mail, Return receipt Requested To whom it may concern: I dispute this alleged debt. This is a request for validation made pursuant to the Fair Debt Collection Practice Act. Be advised that I am not requesting a verification that you have my mailing address; I am requesting "validation", that is, competant evidenace that I have some contractual obligation to pay you, including, but not limited to, written documentation that contains my signature outlining terms and an itemized account of the alleged debt. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, never to be reinserted, and a copy of such deletion request shall be sent to me immediately. Best regards, Your name I think generally they will get the idea that you are a somewhat inform consumer and they can't bully you and will leave you alone. Would you care to mention who the lawyers are trying to collect for? If it is CACV or CACH, LLC, these were who I refered to at the start of my message. They are listed on another web site among the worst, and have lawyers in many states that take these kinds of cases and push in a nasty and quick way. I would like others to comment on anything I have said here. I AM NOT ONE OF THE EXPERTS. I hope others will comment and advise. Good Luck
Thank you for the advice. The law firm is McCullough Payne & Haan, LLC in Atlanta. I will go ahead and do the DV - certified copy to them and the court. I also read an article today that gives the link to find your state attorney general's office and find out what the statute of limitations is. I was told that it's three years here, but I want to double check. As soon as I know, that's the next battery of letters going out. Thank you again
Solid dispute letter and sound advice. If I might add, be sure to note that the S&C was the first communication you received from the law firm. Also check into replying to the S&C with the clerk of the court you are being sued in. There should be a $1 form to fill out prior to the date of default as a response to the suit without requiring an appearance. I worked in a nationwide collections office, but we didn't get many cases in your state so I'm not up on the laws--normally speaking though, not receiveing the proper notices (FDCPA right to dispute), nor having the mandated amount of time to respond amounts to an affirmiative defense. It alone won't get you off, but it will buy you time to dispute. Good Luck
