Capepuffin Posted September 28, 2003 Report Share Posted September 28, 2003 Just recieved (very bad)copies of 2 checks that I wrote to the OC in 99, from the CA. These checks are for my husbands account that we asked for validation on. The checks are signed by me! They also have the account # on them. I searched the old boards and couldn't find a post I read a couple of months back on if this is proper validation.When we go to court, is this all the CA needs to win this case? This is an account that IS my husbands but for some reason is listed under his fathers SSN. It is not on my husbands CR.Do we stand a chance in court with these checks hanging over our heads? Link to comment Share on other sites More sharing options...
LadynRed Posted September 28, 2003 Report Share Posted September 28, 2003 The checks don't really prove a whole lot, other than you made payments on that account. A judge could take that as evidence that the account is yours. However, it in no way proves the total amount of the debt they allege you owe, and it also doesn't prove that the account is even yours ! I've written checks for my SO for HIS accounts.... that won't ever prove the account was mine.. all it says is I wrote a couple of checks. That's one pathetic attempt at validation. Remind them of the Wollman letter and Spears v. Brennan and make them provide the PROPER proof. Link to comment Share on other sites More sharing options...
Capepuffin Posted September 28, 2003 Author Report Share Posted September 28, 2003 I know that The CA does not have proper proof! We have all ready been to court once and all he had were these 2 checks. I fought w/this CA lawyer and all he kept saying is that he did not even need to provide validation because it was past the intial 30 days from the first letter that I(didn't) received like 2 yrs ago! This was at the case management conference. So we have to go back for another case management conference in Feb of 04. Link to comment Share on other sites More sharing options...
Guest Posted September 28, 2003 Report Share Posted September 28, 2003 if I were you i would really try and use Spears V Brennan to convince a judge ((if you have to go that far)) that this in no way proves the amount of the debt you owe. You might not be able to get out of the debt all together but you still might have some leverage that way.best of luck Link to comment Share on other sites More sharing options...
Capepuffin Posted October 7, 2003 Author Report Share Posted October 7, 2003 The date has been moved to next month!!!! Any other advice on what I should do about the CA having copies of checks?Should I ask for a full accounting of this debt or should I just keep saying its not ours and I have no recollection of it even though the checks are mine?The CA says we owe like $4000 I know originally it was like $1200. This debt was opened in like 89 so right now I am trying to figure what the exact charge off date was. It does not show up on any of our CR's and when I call the OC they can't find it because it is not under my DH's SSN! How do I find out the exact charge off date? Link to comment Share on other sites More sharing options...
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