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A friend needs help


Tsandy7
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A friend is in need of help. I am helping as much as I can. June is being sued by portfolio recovery out of virginia. This company's employee has called her at work, stating that she needs to make a payment to them.

June (my friend) said that she did not receive a letter from this company with the statement: this is from a debt collector. They have threaten to sue her and garnish her wages,As I instructed June to send a debt validation letter which she did in November 17, 2004, by certified mail and the are still calling and now they are suing her. She was also told that she was too late to do a debt validation. She has filed her answer with the court. They are still calling her at home, all the call are on the answering machine. They have just ignored everything.

On 11/10/05 June received a Notice of court order stating that the aboved named party (which has listed Portfolio Recovery) is hereby notified that a court order was filed and docketed, which states in pertinent part:

Entry filed the document does constitute an answer or motion. assigend to a Judge per xxxxxx.

What does this mean? All we did was file our answer. excuse my spelling.

Tsandy7

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Portfolio Recovery does in fact mention on all its correspondence legal disclaimers stating they are a debt collector. Apparently your friend was summonsed then filed something if not an Answer in proper form denying the complaint. If it was in proper form then a hearing or trial date should have been set up. They would first have to win a judgment in order to garnish wages, etc. If it was not in proper form, either a default or summary judgment was probably awarded. Debt validation must occur prior to the filing of a complaint. After the complaint is clocked-in, file a Request for Discovery which is the same thing.

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Apparently your friend was summonsed then filed something if not an Answer in proper form denying the complaint. If it was in proper form then a hearing or trial date should have been set up.

reply:Yes, she did answer their summons, and in a timely manner.

She had also did a debt valiadation which she never received a response to. They just sued her.

If it was in proper form then a hearing or trial date should have been set up. They would first have to win a judgment in order to garnish wages, etc. If it was not in proper form, either a default or summary judgment was probably awarded. Debt validation must occur prior to the filing of a complaint.

Reply: She has not received a hearing date as yet. She never received anything in the mail saying she owed this bill. Just a summons that they were suing her. She did do a debt validation.

Should we do discovery or motion to dismiss since they have not validated the debt. The amount they are saying she owes is not correct.

tsandy7

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