So should I go ahead and send out the DV letter now? And what about my name being spelled wrong? I feel like that should be something. How can they collect on a debt from someone if they don’t even have the correct name (i.e. my name being spelled wrong)
You have three choices, one of them is terrible. You decide which path you want to follow and follow it.
1. Do nothing. This is terrible. They will sue you, win the case, and depending on the state they can garnish your wages when you get back on your feet again.
2. Continue to cooperate. Get a 90 day deferral and then pay $50 per month until the balance is all paid off.
3. Fight them. Learn everything you can about arbitration.
If this affidavit is to be used in court in California, it needs to be a valid affidavit under California law. California law requires an affidavit to have that statement if the affidavit was made outside the state. If the "debter" is not a California resident, then the statement "under the laws of the state of California" does not apply; the laws of the state you're being sued in determine the validity of the affidavit. (IANAL)
@fisthardcheese @Brotherskeeper @BV80
I want to thank you all again. You have been kind and patient with me. I got down to the wire, but I got it in there.
I had a eye doctor appointment and took my laptop to finish it up and get it uploaded by the deadline.
I was in the chair with my eyes dialated trying to see enough to hit submit. I got it in with 1 min. to spare. LOL
It's a good thing this isn't a paper due for college, because with all the copying/pasting, I would definitely be thrown out for plagerism. LOL
So, I thank you all for your words, explanations, and research that made it into this motion.