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NEED COUPLE QUICK ANSWERS-2ND DV LTR


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i AM SENDING A 2ND dv LETTER to Kramer & Frank, posted info on their latest bunch of nonsense yesterday.

Basically, they want me to provide the DV proof to them, of course I will deny everything as per all the good advice from this forum.

As DocDon put it, they want me to hand them their case on a silver platter.

MY QUESTIONS ARE:

2nd dv ltr is same as first but I added that they are in violation of FDCPA by refusing to provide DV and by sending me papers made on their computer to look as if they came from a court, when they didn't. IS THIS CORRECT INTREPRETATION OF ACT?

Should I check my report to make sure they noted the acct to CRA as in dispute and put that also in letter. or not mention it and use it as ammo for my court hearing next monday?

On one hand I think let them know that I know they are in violation, but I also think let them think I'm an idiot and don't tip my hand.

What is my best bet?

thanks so much, from what I have learned here (& I know I have yet so much more to learn) I do not feel as terrified about my next court hearing as before I discovered this forum.

You all are great!!!! thanks so much.

rodeomom

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I tried to find your first post about what all they did, but couldn't. Have a link?

Not sending you information isn't a violation of the FDCPA, per se. However, if you've disputed, they can no longer continue to take normal collection activities on the account UNTIL they send you said information.

In your 2nd DV, write up basically the same thing, outlining what you want to see as proof, any violations you have them on, etc.

This is a biggy here...they sent you documents that looked like it was from the courts, but it wasn't? Are you SURE it wasn't? What is the court hearing about, then?

Sending papers that look like court-issued docs is against the FDCPA and worth $1000. It breaks the following statutes (I know...I'm in court for the same thing!!):

1) by using disceptive or misleading representation to collect a debt - 15 USC 1692e

2) by falsely representing the legal status of the debt - 15 USC 1692e(2)(A)

3) by sending written communication that falsely simulates a court-issued document - 15 USC 1692e(9)

4) by falsely representing document as legal process - 15 USC 1692e(13)

Have you disputed with the CRA yet? It should only HAVE TO be marked as 'consumer disputes' if you have already disputed. Or, at the least, whenever you do. They don't automatically update it to say that sometimes...it has to come from a dispute.

Good luck!

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Ok, hold the phones. I answered that and then found your other post about the Interrogatories, etc.

These sound like they are really documents, not fakes like I'm dealing with. They are court-related docs and need to be addressed. The reason they aren't filed is because they don't have to be in some states...in Oklahoma (where I am), the rule is Discovery documents MUST NOT be filed with the court unless the case has gone to trial and the judge has TOLD you to file them. So it may just be that's your state's rule.

I do agree with Doc though, deny everything you want to say is false. If you don't know, put something to the effect of 'Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof." (That was my answer to some)

State rules will tell you when you have to have those Interrogatories and Requests for Production done. Check your state's rules of civil procedure and look for 'discovery' rules. They will tell you what the time on it is.

You might need to file a Motion for Enlargement of Time....just to give yourself some extra time to answer these requests.

Do you have a lawyer or are you handling this pro se? You may be able to file a Motion to Amend Answers. If you can, you can try to get these suckers on any violations if you have them...and counter-sue. The stakes need to be high on this or they're going to run you over. The more you get on them, the more they will want to back off.

Gather some information...read all you can...I wish I would have seen this post earlier. D'oh! :?

I actually would have to recommend you go to Artofcredit.com and do some reading too...it's another message board, but more geared toward lawsuit questions and courtroom technique. Ask questions. You'll find what you need there. :D

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