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i GOT A COPY OF ALL THREE OF MY CREDIT REPORTS THERE WAS CREDIT CARD ON THERE THAT I DISPUTED FIRST WITH THE ALL THREE CRAS AND WHEN THAT DIDNT WORK I WROTE THE COMPANA LETTERS (first select ANYONE EVER HEARED OF THEM ?) ASKING THEM TO VALIDATE THIS INFO AFTER 3 LETTERS THEY SENT ME A PRINTED COPY OF THE AMOUNT I OWE. I WROTE THEM A FOURT LETTER AND TELLING THEM THAT THIS IS NOT ENOUGH FOR ME I HEARED NOTHING THEN THIS SATURDAY MORNING A WOWEN in plain close says nothing to me and hands me A SUMMONS TO APPEAR IN COURT. tHE ORIGAAL CREDIT CARD WAS PROVIDENT BANK I ACTUALLY GOT THEM OFF MY CREDIT REPORT AWHILE AGO. I LIVE IN MARYLAND AND I WANT TO KNOW WHAT IS GOING TO HAPPEN I DONT HAVE A LAWYER AND I HAVE NEVER BEEN IN COURT IN MY LIFE.i DONT HAVE TO APPEAR AND IT WIL BE A JUGEMENT BY DEFAULT BUT I KIND OF WANT TO BECAUSE ALL I DID WAS ASK THEM FOR PROOF AND THEY DIDNT GIVE TO MR i'M REALLY NERVOUSE CAN SOME TELL ME IF THIS HAS HAPPENED TO THEM THE AMOUNT I OWE IS $3,000 THANKS VANESSA

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Vanessa,

I mean no offense when I say this, but posting in all caps is considered shouting on the web - next time, can you please not do this??

To answer your question....

I am assuming you wrote to the collection agency, not the original creditor when sending your debt validation letter. Your post reads like you sent your validation to the original credit card companies, and the rules of debt validation don't apply to original creditors. If you did write to the collection agencies, then they cannot sue you - a print out of the amount is not validation.

I would appear in court for the court date waving a copy of the FDCPA, specifically where it says they must validate the debt before continuing collection activities, which taking you to court clearly is, and is a violation.

I would also take a copy of the opinion letter from the FTC (there is a link to it in the debt validation article) which states that a printed out copy is not debt validation. You could file a counter suit against them in small claims for their violations.

<blockquote>Originally posted by jafema

i GOT A COPY OF ALL THREE OF MY CREDIT REPORTS THERE WAS CREDIT CARD ON THERE THAT I DISPUTED FIRST WITH THE ALL THREE CRAS AND WHEN THAT DIDNT WORK I WROTE THE COMPANA LETTERS (first select ANYONE EVER HEARED OF THEM ?) ASKING THEM TO VALIDATE THIS INFO AFTER 3 LETTERS THEY SENT ME A PRINTED COPY OF THE AMOUNT I OWE. I WROTE THEM A FOURT LETTER AND TELLING THEM THAT THIS IS NOT ENOUGH FOR ME I HEARED NOTHING THEN THIS SATURDAY MORNING A WOWEN in plain close says nothing to me and hands me A SUMMONS TO APPEAR IN COURT. tHE ORIGAAL CREDIT CARD WAS PROVIDENT BANK I ACTUALLY GOT THEM OFF MY CREDIT REPORT AWHILE AGO. I LIVE IN MARYLAND AND I WANT TO KNOW WHAT IS GOING TO HAPPEN I DONT HAVE A LAWYER AND I HAVE NEVER BEEN IN COURT IN MY LIFE.i DONT HAVE TO APPEAR AND IT WIL BE A JUGEMENT BY DEFAULT BUT I KIND OF WANT TO BECAUSE ALL I DID WAS ASK THEM FOR PROOF AND THEY DIDNT GIVE TO MR i'M REALLY NERVOUSE CAN SOME TELL ME IF THIS HAS HAPPENED TO THEM THE AMOUNT I OWE IS $3,000 THANKS VANESSA

</blockquote>

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  • 2 weeks later...

;)

You should check Credit Info Center's site for SOL and ensure what the date is for your state. If it has expired your half way there. Once you verify this information YOU MUST reply to the court notification to avoid default Judgement Entry. Simply reply to the summons and state that you have an absolute defense the SOL has expired. This verbiage is also on CIC site. Along with that you need to find the actual statue from your state and attach it to your response. Now, at this point you must file motion to dismiss WITH PREJUDICE so they can't sell it to another collection company and do this to you all over again. Go to USLAW.COM and find a lawyer to draft up the motion. Now, what will happen is they will dismiss without prejudice. You want them to go to court so you can get prejudice on the case to stop this activity. Unfortunately, they wise up and dismiss at their expense without prejudice so they can sell your account and recoup some money out of it.

Hope this helps

:)

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