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Being sued by a OC.. I paid this debt what do I do?


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I recieved a summons today on a debt that was bought by CAP. This account was delinquent when they bought it. I was contacted by what they call their law firm and I made payment arrangments. I still have the collection letter, with payment history and dv letters. Now I agreed to pay them so much a month. I never was recieving any statements from them nor any updates on my CRA. I dvd them and wanted to know where my money was going. No reply. I quit paying. For awhile I kept paying them while I was dving them. Then I never recieved anything so I quit.

The amount that they were collecting, and also recorded on my credit report wa correct. Now since I paid them down, near next to nothing. I am now being sued for hell,, I don't know. It looks on the complaint that they bought the debt, and the amount has accrued. Ofcoure never mentioning that I had paid them.

The orginal debt was 1,645.00 (350.00 credit card) That is what their " so called lawyer said to pay" which I have read is a collector. The amount now that they say that I owe is $1,014.00. Now after I had dvd ' them I did see the amount go down to $430.00. The amount that I figured is what I did owe them after I stopped paying.

What do I Do? I hope this makes some sence but I am confident but sooo. pissed. Again people never pay anyone without writing!

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Sorry for the confusion. You do not think that I should make them prove the amount? Since I do not know the amount actually due? They are listed on my credit report with TU two times. Two diffrent balances.

Since they were the collector they never sent me statements each month to prove the debt is being paid. Never validated the debt and also never updating the tradeline. Since they bought this account when it was in collections. My assumption is that they do not have anything to prove the debt. In the exhibit A they sent me a copy of their purchase agreement. That was it. When you pay a collector,that is supposed to collecting for a creditor/ in this case the CA who is supposed to be sending you statments each month?

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Does anyone see a defense for me? Since I never did recieve any collection statements from these people, no validation, All across the CRA's all reporting diffrent amounts. Please help,, Should I just fold? Call em and say drop the suit,, I will pay. I hate to do that. I know that they violated the law. You know,, I was told when I started this board but some very legal minded people.. never ever pay without it in writing.. that is one thing that I have learned.

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You need to get all your documentation together showing what you paid. bank records, cancelled checks, etc. You will need that for court. Copies of the letters showing how you felt that payments were being pcketed by the lawyer will also be necessary.

Were you contacted by CAP and asked to pay anything before they sued? If not I would bring that up in court. It goes toward bad faith on their part. All you wanted was a breakdown on the payments because you believed you were paid up. Their agent refused. So your only possible conclusion was that you were being defrauded.

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Thank you Methuss, I was hoping you to chime in on this one.

Well, the sad thing is on this one that I do not have the green cards on the letters. But then again, it was the same address I was sending my checks to every month and they did not have any trouble cashing them.

I dvd their attorney 3 times looking for some information on this debt. I never heard anything from them before they sued me. I wrote about this when I came on to this board and it's haunting me now.

I can honestly say that I do not know what the total is that is due. There are so many diffrent amounts on my CRA's. I know that they can say that I paid them.

Complaint states:

That defendant caused various charges to be made pursuant to the issuance thereof and are indebted to plaintiff in the principle sum of $535.00 plus attorney fees in the amount of $350.00, making a total of $885.00 as per the terms of the credit card agreement attached herto as

Exhibit "A"

That there is an account stated: defendent, althouh often requested, has failed and refused to pay said principal amount.

Now what is that? I refused to pay? I did send them a letter telling them that I would like to make restitution of the amount. I am unsure that I sent that letter,actually. I never denied paying them. THEY NEVER CONTACT ME.

Do I stand a chance in hell?

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Even without your green cards, take the copies of the letter to court. At the least, you will be able to ask the judge to waive attorney fees because they are obviously trying to use the courts to ear some extra on the account.

File a discovery motion with the court for copies of all the documents the law firm has. Once they get the discovery notice, they must produce. If they destroy anything or fail to produce the letters you sent, then they can be held accountable.

You should consider hiring a lawyer to counter sue for violations of the FDCPA. They are liable for any deceptive means used to collect. Further once you send them a dispute (which you did...you disputed the remaining balance) they must cease all collections until they resolve the dispute. The dispute is not resolved by them ignoring you.

The CA-Lawyer may also find himself on the receiving end of some court sanctions for filing a frivolous case. I assume your letters at no time said you refuse to pay if they comply with the breakdown of payments vs. balance.

Lastly, you have to answer the complaint by a certain date. Hopefully that time is not past.

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In my complaint it says that I have to appear to file my answer. I think that this first appearance is to give my answer not to file one yet.

Question: Since they are considered a collection agency in this case, purchasing the account past due. Do they have to send me a collection letter? Since the first attorney quit collections, brought it back to Cap are they to send me a collection letter again? Offering me the course to ask for validation again?

Since it is a new attorney does the process start over?

When asking for the discovery shoud I supoena the first law firm? Or that will be part of their discovery since I initially sent these letters to them?

I will start my search for a lawyer in Kane. Do you know of any Methuss?

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