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winn and sims anybody?


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anybody experiance them filing when you ask for validation and they respond by filing summons.

I answered summons anyway after they told me they would not pursue until they validate. they sent a little letter from calvary on there letter head just stating the amount owed and at the bottom of letter had a section there from Calvary verifing amount that was it. I sent a letter stateing this was not what i asked for.

Just got a letter from court that they are asking for a default from the clerk.

I did'nt send them a copy of of my anser filed because they have been trying to be sleek from beginning.

Now two months later the ask for a default. won't the clerk write them back and tell them i answered and isn't this another violation?

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  • 1 year later...

Now two months later the ask for a default. won't the clerk write them back and tell them i answered and isn't this another violation?

I don't know if this is still an issue, but. . .

Clerk won't care, sorry. If it got past the judge as a default and went to the clerk, the clerk will just sign off on it.

This is becoming a scarily more frequent tactic with collection agencies anymore. Although there are some laws dealing with illegal collections based on defective service, I'm thinking there may eventually need to be more regs covering what collection agencies must do in order to validate service-- they seem to be the worst abusers of the default judgment process.

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Unfortunately, you're a little too late for FDCPA. A lawsuit was filed, you were served, you answered with something, they won by default. It appears you can still request to either be heard in court or appeal the judgment to a higher court. Yes, it is very common for lawsuits to be filed when DV is requested! Oftentimes, the complaint is filed before the request is received. If it's a large debt, you can still erase it in bankruptcy court. Also, despite judgments, creditors still setlle for less!

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  • 3 weeks later...
Yes, it is very common for lawsuits to be filed when DV is requested!

Why do you think this is? It just struck me strange..

Basically, the idea is. . . the collection agency/law firm wants to strike as quickly as they can before you can do anything else to hinder their efforts.

Also, it's a way to smack you on the hand for asserting yourself.

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  • 4 weeks later...

Do you have proof of their claim as to not pursue until debt is validated?

If so, file a motion to vacate and go get them. If you don't, file one anyway. You'll just have to use what you have. Here's why.

Their validation does not meet the minimum to begin with. Calvary is a JDB. They bought the debt from the OC. The law is clear that the validation MUST be on the letterhead of the OC, period, not the JDB, or some CA's own computer gernerated statement. Read the FDCPA and you will find all you need. Include Spears v. Brennan.

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