SkyBlue Posted January 31, 2005 Report Share Posted January 31, 2005 Hello'sI have a question as relates to a situation.If you receive a collections notice from a collector, or a Court summons from a collector, & you do not respond with a challenge (E.g. DV Letter, SOL Argument letter) witihn 30 days, can you still use either the DV letter & or SOL letter as defense in your court case? From readings in this forum i sometimes get the impression that after 30days your options get limited.I have a collector who is trying to collect on a Debt that is SOL & he now tells me that the debt (A credit card debt) was a written agreement. He says he does not know when he will get Original documents from the OC proving this or otherwise & is thus asking me to settle or risk going to court & losing & paying the full amount plus court costs plus Interest. I received the summons back in Late November & did not send them a DV letter or SOL letter. After finding this site i now know about DV letters & SOL letters & was getting ready to send one to the collector.Please advice as i'm wondering whether i can use the SOL argument (The debt is SOL) plus DV letter to force the collector to prove that the debt is mine. Could i use this information in court too?many thanks.Sky. Link to comment Share on other sites More sharing options...
willingtocope Posted January 31, 2005 Report Share Posted January 31, 2005 A collection notice and a summons are two entirely different things. For the notice, you don't have to respond in 30 days and you don't give up any rights by not doing so. For the summons, you MUST respond within the time frame, or you risk allowing the CA to get a summary judgement.However, if you haven't received a summons yet...send the CA a letter saying, in effect, "you haven't proven this is my debt and besides which its beyong the SOL so go bother someone else."If you do or have received a summons, you'll have to answer that with a beyond SOL letter. Link to comment Share on other sites More sharing options...
adminppdotcom Posted January 31, 2005 Report Share Posted January 31, 2005 If the summons is the intitial communication from the debt collector, the consumer has the right to request verification of the debt. If the consumer sends a TIMELY request for verification of the debt, the debt collector CANNOT proceed with the lawsuit until the send the verification.So a summons and a collection letter are the same if they are the initial communication.If the debt is now a "written agreement", does that now make it within the SOL?If you have received a summons and the debt is time-barred, SHOW UP IN COURT and present SOL as a defense. Link to comment Share on other sites More sharing options...
LadynRed Posted February 1, 2005 Report Share Posted February 1, 2005 A credit card is ALWAYS an open-ended agreement, NOT a written contract. The Federal Truth in Lending Act clearly defines credit cards as open-ended. If you do not use the SOL defense, you WILL lose the right to use it, that's what happens with affirmative defenses - use it or lose it ! Link to comment Share on other sites More sharing options...
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