quepasoksl Posted June 8, 2004 Report Share Posted June 8, 2004 My state is FloridaI filed an answer to the Complaint filed against me and included a Request for a hearing regarding my being exempt from wage garnishment because of Head of Household. I checked online today and the clerk has set a court date. I haven't received any paperwork and nothing shows online as far as a motion for a summary judgment or other motion from the creditor being filed, as of yet. I know I need to show up for the court hearing, but what should I expect?? I DV'd the CA and haven't received anything back from them yet. By the time the court date is set for the 30 days to respond to my DV will have passed and to date I still haven't received a response from them. At this point what should my argument be in regards to them 'validating'(as long as they don't prior to court)?? Are there cases that I can refer to regarding the CA failure to validate the debt??? Any help would be much appreciated. Thanks Link to comment Share on other sites More sharing options...
gdouglaslee Posted June 8, 2004 Report Share Posted June 8, 2004 My state is FloridaI filed an answer to the Complaint filed against me and included a Request for a hearing regarding my being exempt from wage garnishment because of Head of Household. I checked online today and the clerk has set a court date. I haven't received any paperwork and nothing shows online as far as a motion for a summary judgment or other motion from the creditor being filed, as of yet. I know I need to show up for the court hearing, but what should I expect?? I DV'd the CA and haven't received anything back from them yet. By the time the court date is set for the 30 days to respond to my DV will have passed and to date I still haven't received a response from them. At this point what should my argument be in regards to them 'validating'(as long as they don't prior to court)?? Are there cases that I can refer to regarding the CA failure to validate the debt??? Any help would be much appreciated. ThanksYour post is a little confusing. Would I be correct to assume that you received a dunning letter, you requested debt validation and then the sent you a summons? Link to comment Share on other sites More sharing options...
quepasoksl Posted June 8, 2004 Author Report Share Posted June 8, 2004 Sorry I should have included more information. I was served with the papers filed my answer and also included a Claim for Exemption and Request for hearing based on being head of household. I think I sort of jumped the gun on the filing of the claim after re-reading the Florida Statues. After I filed my answer I sent off the DV letter to the CA which is a law firm located in Florida. Here is the link to my original posting on the board here:http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=16789&highlight= ( I believe this is the link, if not search my user name as I haven't posted more than a couple times)So now they set this court date and I'm not sure if it's because they filed a Motion for Summary Judgment, or if the Clerk set the hearing based on my filing the Claim for Exemption and request for hearing. Either way, I plan to show up. I just need to know if they don't respond to my DV what is my recourse in court?? They violated FDCPA?? Are there cases I can refer to?? Thanks for your help! Link to comment Share on other sites More sharing options...
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