the-big-easy Posted July 22, 2003 Report Share Posted July 22, 2003 Well, It's happened. I had several deletions taken off my credit reports and would like to thank everyone who makes this web ring possible. But, I need your help once again. A collection agency has taken me to court. I have 30 days to respond or lose by default. This company did not validate. They are now off my credit report. If I remember correctly, legally they cannot take me to court if they did not validate.....RIGHT...??? Also, I searched this site for an appropriate letter to send but came up empty handed. PLEASE HELP Link to comment Share on other sites More sharing options...
DocDon Posted July 22, 2003 Report Share Posted July 22, 2003 Did you get served with papers? It sounds like they're bent on violating the FDCPA. Did you send the first DV letter Certified Mail Return Receipt? A CA can file a lawsuit, they just can't act on it until validation is presented to you. Here's where the cat and mouse games comes in. If you send them another letter telling them they failed to validate, and they do validate, they will move on with the lawsuit in a heartbeat, and you will probably lose.If they move against you in violation of the FDCPA, you now have ammo to get the case thrown out. You have to show proof they received your DV letter. You also need to be able to show the judge the sections of the FDCPA they violated (you can find it at the link on the top of this page). Most judges are not familiar with the Act, so you need to show them the Statute. Be sure if the case is dismissed, request the case be dimissed with prejudice so they can't come after you again.Now you are well-equipped to file a suit against them for violations of the FDCPA. § 809. Validation of debts [15 USC 1692g] ( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Link to comment Share on other sites More sharing options...
the-big-easy Posted July 23, 2003 Author Report Share Posted July 23, 2003 YES, I was served with papers. I have to file an answer or lose by default. What should I do? I don't want to tip them off or anything......should I call the court house and tell her to set the court date?? Also, does it matter if they didn't validate if they we're the original creditor? THEY WERE TAKEN OFF MY CREDIT REPORT AS UNVALIDATED. Link to comment Share on other sites More sharing options...
DocDon Posted July 23, 2003 Report Share Posted July 23, 2003 There's some confusion of terms here, so let's make sure we're on the same page.Who exactly is suing you? A collection agency is not the original creditor. A collection agency is given an account to collect on, or purchases the defaulted account outright from the OC.It sounds like you disputed the info the OC was showing and it was deleted as unverifiable. This does not free you from the debt, it only means they didn't respond to your dispute in time and the item was deleted from your credit file.If this is an OC coming after you, disregard everything I said earlier. An OC only needs to prove the debt is yours in order to get a judgment. You need to go a different route. Link to comment Share on other sites More sharing options...
the-big-easy Posted July 23, 2003 Author Report Share Posted July 23, 2003 I sent them a CRRR letter. They signed for it. They did not validate. The item was removed. The original creditor was a bank..the charges we're overdraft charges I refused to pay, and closed the account. The company that is writing the letters and taking me to court is calling themselves CASH-PRO, SO I'M ASSUMING the bank is not the one trying to take me to court. But instead a credit agency.So...since they did not validate.....do I wait until the court date to show the Judge where they did not validate? Or should I send the CA or the COURT HOUSE a written response stating the debt is unsubstantiated i.e. "validated" to the courts? THANKS FOR YOUR HELP SO FAR!!! Link to comment Share on other sites More sharing options...
DocDon Posted July 23, 2003 Report Share Posted July 23, 2003 O.k. Cash-Pro out of Evansville, Indiana is a collection agency, therefore are bound by the FDCPA. If they did not purchase the debt from the bank, they are collecting on behalf of the bank. You can include your info with your response to the summons, and bring that info and the FDCPA to court with you. I’m sending you something else via PM. Link to comment Share on other sites More sharing options...
admin Posted August 10, 2003 Report Share Posted August 10, 2003 bump Link to comment Share on other sites More sharing options...
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