cybercrusader2 Posted July 9, 2003 Report Share Posted July 9, 2003 Ok, I've been battling a CA in court for several months now. Never, ever heard of CA until I received a complaint in my mailbox. The matter was contested in small claims. I lost but appealed. As soon as I got the original complaint I mailed a validation letter. I was given some affidavits and an excerpt of my CR. Since this is by no means proof, I fired off another letter demanding proof. While this was all happening, the small claims yo-yo rendered judgment in favor of the CA.On appeal (a trial de novo) I have requested a complete validation: ie, account history, signed contract, statments, charges, authority to collect, etc, etc. THE CA HAS NONE OF IT!!!! (except a few purchase agreements from prior CA's. Nothing has my name on it and everything is internally generated). Because they do not have one iota of concrete evidence, I have countersued the CA and the CA's attorney personally for FDCPA violations: One charge in particular (among others) is violation of section 807(2)(A) - The false representation of the character, amount or legal status of any debt. I am claiming that if the debt proves to be valid, the suit is barred by the SOL The question is: What does the CA need to show in court to prove that the debt is within the SOL? Keep in mind that they can't even provide sufficient validation and they are most likely precluded from contacting the OC. Thanks in advance! [Edit by cybercrusader2 on [TIME]1057767920[/TIME]] Link to comment Share on other sites More sharing options...
michigangirl530 Posted August 25, 2003 Report Share Posted August 25, 2003 bump Link to comment Share on other sites More sharing options...
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