Trilivonel Posted January 9, 2003 Report Share Posted January 9, 2003 I realized something regarding my previous posts. When I went searching through my papers and figured out that my previous assumptions were all wrong. The judgment against me was for a debt that I asked to be validated in July. I never received any response regarding that validation. I believe that I should have been notified that they will proceed with legal proceedings against me and I wasn't. Isn't that enough for me to sue for $1000? I definitely have proof that the validation letter was received three days after I sent it. I will look up the laws in my state (NY)just to be sure but I think I got a case against the CA! Please advise. Link to comment Share on other sites More sharing options...
sisflomi Posted September 17, 2003 Report Share Posted September 17, 2003 Lets hope you do, it would give you leverage to settle this with them. Link to comment Share on other sites More sharing options...
Ronalddog Posted September 17, 2003 Report Share Posted September 17, 2003 Please tell us on what grounds to file suit. Link to comment Share on other sites More sharing options...
sisflomi Posted September 17, 2003 Report Share Posted September 17, 2003 Please tell us on what grounds to file suit.You need to stop this, if you feel there is no suit, state your case, don't come ask what grounds there are to file a suit. Tell what grounds there are to stop a suit. Link to comment Share on other sites More sharing options...
nativechild48 Posted September 18, 2003 Report Share Posted September 18, 2003 It does appear that he does have some leverage Sis; If he sent them A validation request CMRR, and he has the proof, he might also be able to get the judgement sat a side as well. A CA is bound by the federal collections laws Link to comment Share on other sites More sharing options...
sisflomi Posted September 18, 2003 Report Share Posted September 18, 2003 I think so too native, mr dog seems to imply otherwise. Link to comment Share on other sites More sharing options...
Guest Posted September 19, 2003 Report Share Posted September 19, 2003 I still havent figured out what Mr Dog's deal is. If he is a paralegal I would think by now that he would have read the FDCPA if he wants to do this kind of work or if he is cleaning up his own credit.A CA must mark the account in dispute and validate before they can file legal action. Its in black and white in the laws... Link to comment Share on other sites More sharing options...
Dark04 Posted September 19, 2003 Report Share Posted September 19, 2003 ummmm I'm confused! (as usual) when I spoke with a lawyer he said the CA (or in my case CA Attorney) CAN file suit after recieving the request for verification. BUT....he can't continue the suit until verification is given. I got my summons after request for verification (times 3) and it was NEVER listed as disputed by the CRA's? I've already reached a settlement agreement with the CA/attorney so my case does not need immediate attention but it's still a point I'm confused on. Link to comment Share on other sites More sharing options...
Swede Posted September 19, 2003 Report Share Posted September 19, 2003 ummmm I'm confused! (as usual) when I spoke with a lawyer he said the CA (or in my case CA Attorney) CAN file suit after recieving the request for verification. BUT....he can't continue the suit until verification is given. I got my summons after request for verification (times 3) and it was NEVER listed as disputed by the CRA's? I've already reached a settlement agreement with the CA/attorney so my case does not need immediate attention but it's still a point I'm confused on.That's true, they can file but have to stay the suit until validation has been provided. See the case of CURTIS BARTLETT, V. JOHN A. HEIBL and Sprouse'>www.daylawlib.org/US%2520District%2520Court/010801/sprouse1.PDF+Sprouse+v.+City+Creditors+Company+&hl=en&ie=UTF-8]Sprouse v. City Creditors Company Link to comment Share on other sites More sharing options...
Dark04 Posted September 22, 2003 Report Share Posted September 22, 2003 hmmmmm I already came to a settlement agreement with this CA Atorrney. BUT....he never did verify OR validate ANYTHING but the total amount owed. Do I have up to a year to see if I want to file suit? or once the settlement agreement is done, I can no longer follow up? the agreement we finally settled on went from civil suit filed on DH and I to a promissory note followed by payments on a much lesser amount. if we default on payment then they (Discover) has the right to file suit again. We hope to not even have to make too many payments as we are trying desperately to sell some property. (attorney is aware of this also) so everyone send up a little prayer and hope we sell something soon! thanks Link to comment Share on other sites More sharing options...
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