Anonymous Posted May 18, 2002 Report Share Posted May 18, 2002 :( Hi admin, thanks for your quick response. I have another question though...why can't I validate? I'm not even sure what credit card this is, I'm 100% sure I haven't signed anything as far as the collectors go,,,can't I ask them for proof that I owe or something?There's gotta be a way I can threaten them too!Please advise further.p.s...this sight is GREAT Link to comment Share on other sites More sharing options...
admin Posted May 19, 2002 Report Share Posted May 19, 2002 Hmmmm...now that I think of it, you may be able to validate on this one. You just can't get them for taking you to court before validating - you hadn't started the process. I'm not sure if this would halt anything with the court date, but they will have to prove things anyway in court. Go ahead and start it, and see what happens. I would go to court in any case. Link to comment Share on other sites More sharing options...
Anonymous Posted May 22, 2002 Author Report Share Posted May 22, 2002 Thanks again admin More questions though,,,I sent out the letter requesting validation info, I have another 35 days before the court date , should I call them at all to see if they wanna settle out of court incase they don't respond to the validation immediately?Also, when I go to court , what do I need exactly to proove that I cannot afford garnishments or a judgement? I'm sure it just can't be a list of my expenses,,or can it? Does this work or do you you know of an instance where it's worked?Thanks for the help :confused: Link to comment Share on other sites More sharing options...
admin Posted May 22, 2002 Report Share Posted May 22, 2002 You can call them, but you really do want a paper trail, so at the very least after the phone call you need to fax them a confimration of the call. I would recommend sending them a letter offering to settle instead, especially since you have so long. Link to comment Share on other sites More sharing options...
Anonymous Posted June 12, 2002 Author Report Share Posted June 12, 2002 Thanks admin, I havent received anything from them as far as the validation is going,it's been about two weeks since I sent the letter, the court date is also soon approaching, I will also take your advice offering to settle via a letter to them, problem is I don't know what amount to quote to them,, since most of this debt is ridiculous interest, any suggestions?Also, I had this other credit card that is in collections and they had sent me a letter offering to settle the account for a reasonable amout and giving me the option of making payment plans on that amount. I have until the 26th of June to call them, I was going to do that but I misplaced the letter and now I don't know what the phone number is, gosh, I really wanted to settle this one, how would I go about getting their info, I know this is a silly question, sorry :notsure: :) Link to comment Share on other sites More sharing options...
Anonymous Posted June 14, 2002 Author Report Share Posted June 14, 2002 i await a reply patiently :blush: Link to comment Share on other sites More sharing options...
admin Posted June 14, 2002 Report Share Posted June 14, 2002 Most debt setlements want cash, so I would offer them first whatever cash you have, which they are more likely to take over a payment plan of some kind. 50% is not too low. When you go to court, I'd also demand that they show the courts paperwork with your signature on it: ask them "how do I know this is my debt." If the judge asks you tell them you have had credit cards taken out in your name before. Admit nothing, make them prove it to you. Even if you settle with them, do not admit this is your debt.As far as finding the other credit card company: yellow pages? calling information? Looking it up on line? Does your credit report have this info? One of the above should help. Link to comment Share on other sites More sharing options...
Anonymous Posted June 16, 2002 Author Report Share Posted June 16, 2002 Thanks so much for the info. You are most helpful..I'll let you know how it goes :D Link to comment Share on other sites More sharing options...
Anonymous Posted June 20, 2002 Author Report Share Posted June 20, 2002 Hi again!Ok, I venture into court on Tuesday next week, and I just want to make sure that I'm fully prepared to face this pple. Thanks for the info you have provided up until now.I have one more burning question, in a notice to the defendant on the summons, it states that.."Tennesse Law provides a $4000 debtor's equity interest personal property exemption from execution or seizure to satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt with the clerk of the court.The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgement becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list."My Question is this,,,how can I use this to my advantage?? My debt is supposedely $6000.Thanks so much,,,sorry for the length of this,,, Link to comment Share on other sites More sharing options...
admin Posted June 20, 2002 Report Share Posted June 20, 2002 I'm afraid I don't know the answer to this one. You might want to see if there are some free legal avenues you can consult on this. Sorry. Link to comment Share on other sites More sharing options...
Anonymous Posted June 25, 2002 Author Report Share Posted June 25, 2002 ok, thanks anyway Now get this, my court date was today, I show up and the guys suing me tell me that they received my request for validation and need more time to get me that info, they then move the court date to some time in August,,,so there was no hearing!The lady I spoke to didn't sound confident and appeared shocked that I even showed up in court,,,hmmmmmm! What should my next step be?P.S>>> I'm so glad I sent the validation letter!!! Link to comment Share on other sites More sharing options...
admin Posted June 25, 2002 Report Share Posted June 25, 2002 It sounds to me that they may not have any proof from the original creditor or that they are entitled to collect it. I think I would send them an intent to sue letter based on the fact that they aren't removing the item from your credit report and they are continuing to try and sue you. HAH! This always makes me feel so good. Link to comment Share on other sites More sharing options...
Anonymous Posted June 28, 2002 Author Report Share Posted June 28, 2002 Thanks admin, It was quite a relief.I can't find a link though to provide me with one of those letters that all I have to do is paste my info and re edit it. I need one for the ' intent to sue' letter I'll be sending out by registered mail to them first thing Monday. Any threads?Thank you so much. Link to comment Share on other sites More sharing options...
admin Posted June 28, 2002 Report Share Posted June 28, 2002 Edit it and explain your reasons, violations, etc.http://www.creditinfocenter.com/forms/sampleletter12.shtml Link to comment Share on other sites More sharing options...
Anonymous Posted July 10, 2002 Author Report Share Posted July 10, 2002 thanks again.Welcome back from your vacation, we really missed you; hope you had a ball ok, I'm getting ready to send the intent to sue letter to those guys. One question, in the letter I edited from the link you provided, sounds like I have to go to court and actually file a lawsuit so that I can put the date I intend to sue on the letter?I'm confused because i thought that the intent to sue letter was just that , intent to sue,,,,,please advise before I send this one out. Thanks.(confused) Link to comment Share on other sites More sharing options...
Anonymous Posted July 16, 2002 Author Report Share Posted July 16, 2002 Hi KristyI know you are very busy,so sorry we have to hog you with all our credit boo hahas..anyway, I still await a reply... :blush: :blush: thanks again for your help. Link to comment Share on other sites More sharing options...
admin Posted July 16, 2002 Report Share Posted July 16, 2002 Well, I said to edit it.... Actually, you don't have to file the suit, just tell them you are going to, and that you are making every reasonable effort to work this out with them before going to court, etc. The rest of the letter is the same. Link to comment Share on other sites More sharing options...
LadynRed Posted July 23, 2002 Report Share Posted July 23, 2002 Just now reading this with interest.. I live in TN too The exemption statement you quoted from the court papers means that up to $4000 in assets (personal property, cash, etc) is EXEMPT from seizure by the creditor should they win the judgment against you. So, take inventory, use garage-sale prices for your personal stuff, and file the exemption list with the court ! IF you can get ALL of your assets under that $4000 umbrella of exemption, then the creditor cannot take any of it. Their next best step would be wage garnishment. As far as THAT is concerned, in TN you have the right to file a motion that will ask that you be allowed to pay the judgment in payemnts in lieu of garnishment. If you were to do this, you would have to produce income and expense statements and the judge would decide what your payments would be.Hope this helps Link to comment Share on other sites More sharing options...
Anonymous Posted July 23, 2002 Author Report Share Posted July 23, 2002 hi ladynred Thanks sooooooo much for the info, I will do this right way, I had no idea it was possible. You've been so helpful. I'll let you know what unfolds :D Link to comment Share on other sites More sharing options...
Anonymous Posted August 9, 2002 Author Report Share Posted August 9, 2002 Hi Kristy!!Guess who!!!Anyway, I did get a validation response from the debt collector after I sent them the 'intent to sue' letter. They provided me with a copy of of the last 3 statements sent to me by Providian and also a copy of the membership card that showed my signature.They say this will serve as a validation of the referenced debt.They also continued to mention that If I would like to set arrangements with their office prior to the court date (which is 20 days away) I should contact them,,,then they gave me a contact name. They say that their client (providian) has also given them the authority to settle accounts for less than the 100% of the balance owed.What to do?I was thinking of calling them to settle for 50% with a payment plan...good idea? :D Link to comment Share on other sites More sharing options...
admin Posted August 9, 2002 Report Share Posted August 9, 2002 How fast can you pay off this debt if you go 50%? Anyway you can borrow $3000 from friends or family. Creditors are much more likely to take your debt settlement offer if you can give them a lump sum or pay it off in 3-6 months.If you can settle before court, it would be to your advantage. It seems to me that they have provided debt validation. Link to comment Share on other sites More sharing options...
Anonymous Posted August 9, 2002 Author Report Share Posted August 9, 2002 <blockquote>Originally posted by msichanaHi Kristy!!Guess who!!!Anyway, I did get a validation response from the debt collector after I sent them the 'intent to sue' letter. They provided me with a copy of of the last 3 statements sent to me by Providian and also a copy of the membership card that showed my signature.They say this will serve as a validation of the referenced debt.They also continued to mention that If I would like to set arrangements with their office prior to the court date (which is 20 days away) I should contact them,,,then they gave me a contact name. They say that their client (providian) has also given them the authority to settle accounts for less than the 100% of the balance owed.What to do?I was thinking of calling them to settle for 50% with a payment plan...good idea? :D</blockquote>You're lucky to get anything back from a CA. I sent one four letters, two debt validation and two threats. Nothing. Then the sent me a letter wanting to have a phone witness at the trial. I am filing a lawsuit for their violationg the Fair Credit Billing Act (FCBA) and Fair Debt Collection Practices Act (FDCPA). Al t hey had to do was send me information. Link to comment Share on other sites More sharing options...
Anonymous Posted August 28, 2002 Author Report Share Posted August 28, 2002 Hi everyone..Kristy...........Just wanted to update y'all....I ended up going to court today, after I had tried to call the suers and they refused to reasonable rates.Guess what, I told the judge that I was still not convinced that this was my debt and that copies of my signature didn't mean anything.Anyway, can you believe that they did not get a judgement!!!!!!!! The judge was gave a short speech of how this collection agencies claim they have debts then come to court with insufficient evidence etc, etc,,,,basically he was pissed! Anyway, next thing I know, he says,,let the court show judgement in favor of the defendant!!!!!!!!!!!!!!!!!!!!!I almost fainted....Anyway, what's my next step now, should I ask them to take this off of my credit or what? P.S..Kristy, if I never knew about validation I don't know what would have happened,,thanks so much for your advice to me and everyone else,,,,may your successes be endless!!!! [Edit by msichana on Tuesday, August 27, 2002 @ 05:33 PM] Link to comment Share on other sites More sharing options...
Recommended Posts