It’s what I’ve told my clients about 1000 times…don’t panic when a collection agency sues you. You can EASILY beat it.
From the blog of a Michigan attorney:
I love defending people against debt buyers because the Plaintiffs case is as strong as a house of cards in a hurricane. Debt buyers buy judgments, credit card charge offs and other sordid garbage debt for pennies on the dollar. Hell, there are even debt buyers that buy debt that has already been through a collection agency or two. Usually, when a debt buyer purchases his paper, he gets little more than the judgments or a spreadsheet showing the balances due. What does this mean for the consumer that is sued? Everything. The debtor buyer has no proof that the consumer owes anything other than some shmoe’s word for it that the debt was owed in the first instance. Recently, someone got wise to the idea that an attorney who sues on this crap and does not have the goods to show that the debt is actually owed, may be violating the Fair Debt Collection Practices Act.
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A CA had recently purchased a debt of mine. I responded with a debt validation submitting proof that I made payments on the account and did not owe $700.00 but actually $100.00, and sent it certified. Eventually they contacted me stating I ignored their dunning notice and did not comply with their request for documents. Their dunning notice never asked for documents. I volunteered them on my own. They only showed me proof that they purchased the debt. They told my letter that showed proof of payments and the real balance was friviolus and irrelevant and they will ignore any future letters I write to them. They also entered on all three credit agencies that I made a $20.00 payment! I have sent them a letter complaining about the false payment and trying to reset the statue of limitations. Is there anything else I can do?
could a law firm come after me if they didnt validate my debt with in 30 days i sent it certfied mail an return receipt they just took it to court
Go to the discussion forums on this website….
i am facing a credit card lawsuit in alabama. i am little bit confused about the steps that i need to take to fight this lawsuit. when i deny the complain, is the next step to mail a valadation of the debt to the collection agency’s attorney? what i have read so far is the next step is a denial letter to the plantiff’s attorney. i assume every step, i must submit letters to the small claim court and the collection agency’s attorney. i need some help and advice. thanks!!!