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"you are in the process of being sued"

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Ok, the daily drama continues.

I returned a call that I received at work yesterday from the law firm of Eskanos & Adler. For the record...

I asked, "

Me-"so you own this debt?'

Them-.."no...they have hired us to represent them, you are in the process of being sued"

Me-"wouldnt I receive some other kind of notice before im sued?"

Them-"this is a courtesy call"

Me-"well it wasnt very courtious to be called at my workplace."

Them-"Thats the only number we had for you"

Me --"well, all my other creditors seem to be able to find my home phone number...so, youre calling to tell me im being sued?"

Them--"yes, you are being sued, you will be recieving legal documents soon".

Me-"this is the first collection call Ive gotten from this account and you're telling me im being sued...wouldnt i receive some other type of letter first?"

Them-"you will be recieving legal documents soon"

Me- so what does being sued entail?"

them--"collecting the debt involuntarily."

and then they gave me a single payout settlement number....

Me--"ok, well, i would just like to note that I have returned your first call promptly and i intend on paying all my creditors to the best of my ability".

Them-"i will notate that on your recored".

Am i actually being sued? What do i do?

any comments...im walking down a long dark hallway here.....

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If they're lying, they've violated the Fair Debt Collection Practices Act (FDCPA). If they're not lying, you may need to work fairly fast. Has it ever been validated? If this is the first you've heard about it, ask them to provide proof of the debt - they can't sue you until they prove that you owe the debt.

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Then it's not too late. Request that they validate the debt, as explained here (I'd suggest changing the form letters to suit your needs, so as not to *look* like a form letter). And don't let them tell you that your "30 days are up" and that they're not required to validate it - they definitely are. They can't sue you if they haven't validated the debt, and if they do, I *think* you can get it thrown out because they failed to provide a legitimate response to your validation request first.

If they *can* validate (account history and a signed contract) then you're stuck. Negotiate! :)

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I'm currently in a similar situation, the only difference being that the collection agent sued first and asked questions later.

The first I ever heard of this collection agent was from the Civil Complaint I got in the mail. Based on the info I read and was told on this board, I sent them a validation letter. I'm assuming I have 30 days from the day they give me notice. As to what comes next, I'm not sure yet. Speaking with my attorney tomorrow.

In your situation, you should send out the verification letter IMMEDIATELY just like Wyndo suggests. Once you send out the letter, the collection agent MUST cease collection efforts (meaning that they can't file suit against you until they prove the debt is yours.) or they will be in violation of FDCPA.

If you send out the letter, you will be in the drivers seat...at least for now.

Keep us posted.

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Elvis, do not send a verification letter, make sure the letter states that your requesting VALIDATION.


You verify with CRAs.

Its easy to get the two confused, make sure you word your letter correctly.

Confusing these terms may end up costing you $$$$

[Edit by georgiaboy on Wednesday, December 18, 2002 @ 09:08 PM]

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Thanks for the tips. I worded it that

"I am requesting proof (validation) that..."

Im using MS office to print the envelope etc...I will be sending it express overnight US Mail/certified. I hope they recieve it before sending out the sheriff.

I can't imagine anything sent in the mail can require me to appear in court.

Ill keep you informed.

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Wow, ya...I read that case. Well, I sent the Verification and C&D today. We will see what happens.

Another of my CA's (Arrow) seems to be up on all this verification stuff, but Ill see what they can produce.

these are both CC accounts so it wouldnt be hard to come up with my past payments...

...This is scary and interesting stuff, not to mention very stressful.

ill be out of town for 10 days, so I definately wont be served then...haha...Ill keep you all posted.

[Edit by Elvis Eleven on Thursday, December 19, 2002 @ 12:52 PM]

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  • 2 weeks later...

I am in similar situation. The first communication I received was in the form of a summons. I started searching the boards and am learning about this debt validation. I read\the complaint and filed a countclaim. I then sent off my letter for validation to the CA attorney. I informed I ha d not received any prior letters, and was exercising my rights under federal law. A continuance was filed by the Debt collector attorney, it has been over sixty days, so filed a motion to dismiss citing the fact the attorney now had violated the law an has unclean hands. I will check with the clerk of the court 31 December abd check the status. Jan 2 2003 will be 14 days that filed the dismissa motion. I will let you know how it pans out.

Never admit to anything, and if you go to court because they validate then argue the balance and put the burden of proof on the other guy.

Good Luck with your case

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