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jjw3038

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    South Dakota

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  1. I am concerned as to my next step to take. To explain what has happened so far; The original debt was with Capital One which made Portfolio Recovery Assoc. it's account assignee. A law firm acting on PRC's behalf is trying to collect this debt. A letter was sent to this law firm asking for validation of this debt mid July. The law firm did not reply until late September. Their reply consists of a copy of a notarized affidavit from an employee of PRC stating Capital One Bank (account seller) has sold, assigned, and transferred interest in the debt to PRC (account assignee). Also enclosed is a copy of a Capital One cycle facsimile report that contains various account information that is hard for an individual to comprehend not versed in reading such "reports". My question is: Does this constitute acceptable validation of the debt? What would my next action be if it is, or is not? Thank you.
  2. I recently lost a small claims court case in South Dakota. In 30 days the CA can try and collect. My family is not trying get out of paying the judgment. We only want to control how much they can collect at one time, and how often they can get paid. Having property carted off, losing a automobile, or having a bank account suddenly emptied would be very damaging. We have been hit hard be this ecomony. Other states have a "Motion to Set Payments" or "Motion for Relief" where the court is asked to set reasonable payments for you. The Clerk of Courts told me South Dakota has no such thing. Can anyone help point me in the right direction to get some help with this? It is hard to believe South Dakota has no avenue in place to help judgment debtors with low income. Anyone?
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