Jump to content

Validation of Debt and Dismissal's of suits.


Recommended Posts

Quick question, regarding validation of debts, and CA lawsuits. If my wife requested a validation of debt, and the plaintiff's attorney did not respond in thirty days, and all that was sent was copies of past statements, is this a valid reason to file for dismissal of the suit for lack of proof? Should she send a second request for validation?

Jim

Link to comment
Share on other sites

There is no 30 day limit for them to validate, so the answer would be 'no'. However, I would send them a 2nd letter explaining that 'a few statements' is NOT sufficient proof of the alleged amount owed - a FULL accounting is required to prove the alleged amount. A copy of the CC agreement with your wife's sig is also required. Refer to Spears V. Brennan as case law as to what is and is NOT proof of a debt.

How old is the debt ? When was the last payment to the original creditor ?

What state are you in ?

Link to comment
Share on other sites

  • 3 weeks later...

Sorry about the lag in responding. The state is Florida, the debt is within the SOL for Florida.

Here are the details.

Wife ran up a debt of about 11K with Citibank, turned it over to a debt counseling firm (previously thread). Never contacted by Citibank that the debt firm did not payoff the negiotiated agreement, until Citibank's Florida flunky mailed her a letter (11/03).

My wife spend the next three months attempting to get ahold of someone @ the CA, but to no avail, send a DV in 11/03 after notification, but did not get a response until January 15, 2004 (got the green card!).

Finally got a hold of one of the CA's 'assistants', in late February, the CA was willing to go 80% of the outstanding balance, she had 30 days to take the offer. 23 days later served a summons against my wife.

The suit was file to intimate/coworse (sp?) her into settling. She file an answer to the summons, and we are off to court. I am going to have her send a second DV letter to the CA, and expect that she will get the same lame stuff again. At that point I think she should file a motion to dismiss on the grounds of lack of proof. Any other suggestions?

Jim

Link to comment
Share on other sites

File a counter suit. I tell people this all the time for one reason.

MANY times if a CA sees you are willing to file a counter suit against them they think "Oh.. they may have more on us than we thought and is it worth pursuing"

I had a 4000 repo that I was sued for.. I countersued for violations of Indiana's repo laws, and the FDCPA.

The lawyer dismissed the case and also closed the account. They wanted no part of me.

See if you can't amend to file a countersuit for those violations of FDCPA.

Link to comment
Share on other sites

  • 2 weeks later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.