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Can I request validation after being served????


er74
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Hi all...

I am new here, so first I wanted to say thanks in advance for any advice or support. I really appreciate it! I am just starting to work on my credit problems, and today was a big bummer for me.

I was served today for a credit card account I think I last paid on in 2000. I called the number given with the summons, and was really able to get nowhere with the person I spoke to. He basically said either I pay up or receive a judgement. I offered to make a substantial dent in the debt and then make monthly payments; he basically said I could do that but would most likely still end up with a judgement. I said fine, then if I am going to receive a judgement anyway, I will pay nothing. He threatened garnishment, leins on my house, etc etc. For a 2k debt, mind you. That I am willing to pay on my own terms. Seems sort of sleezy to me. Anyhoo... He then offered me a settlement, and proceeded to tell me that if I paid half now and half next month the creditor would not go to court. I do have the money, but it would be very tight. And although I am sure that I owe this money I don't really know how much I owe, and really don't feel right about the situation.

Can I send a validation letter after I have been served? I downloaded the one off of this site (very helpful) and it calls for 30 days... my court date is in two weeks. If I demand validation does that mean they have to change the court date, or do I go to court and tell the judge that I am disputing the debt and need more time? What if I can't make it to court on the day I have been summoned????? I am in graduate school and have a very important final on the day---- I can't miss it, and I certainly can't tell the proctor that I need to reschedule an exam because I have to go to court to argue with a debt collector. Cripes- what a loser I am. Or maybe I am the one who is sleezy. One thing I can tell you- I felt like I needed a shower after I talked to the credit guy. Just plain creepy.

Thanks again for any advice

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Sorry you are in this situation. Although you can request validation they will probably just ignore it. And it looks like you are still within the statue of limitations for your state (WI). I

f it goes to court you can make make them prove the amount they are asking and prove it is yours which they may have difficulty procuring and there is always a chance they'll drop it. But then again, you may just end up with a judgement. You may want to get a lawyer if you dont want to do it pro se.

On the hand it may just be easier to pay off these sleazeballs. If you go that route make sure you get it in writing and you may wanna show up on the court date anyway to make sure they dont still try for a judgement. It has happened before and some of these law offices are slime.

Check your state laws. Also check the recording laws in your state. If possible make sure you record all correspondence with these people.

Others may have other advice for you.

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thank you, nevermore.

I think I am just going to pay. They are willing to settle for about 600 less than what I owe, and I looked into getting an attorney this morning- it's going to cost me over a grand, and there's no guarantee they can make this go away.

I just have to figure out a way to be in two places at once. Can I have someone appear in court on my behalf (husband, family member) to ensure they don't enter judgement anyway?

Thanks again!

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Make sure you actually have to apear and not just file an answer to the complaint, I'm in a simialr situation as you I was served as a first contact by a CA, in this situation you still DV only through the court you request a continuance based on the FDCPA Debt Validation requirements, If you have to appear request the debt Validation continuance in person but you should be able to do this in writing befre the trial. the CA has to answer your request before the court can proceed, then after your DV is answered you ask for a continuance to investigate (if the CA answered) because you have the right to check the Validity of the CA "proof".

remember this:

debt collection is a get rich quick scheme

CA's don't want to work for their money

CA's like to pressure people into paying money they don't have to

Be careful of making any kind of partial payment and get any settlement agreement in writing you really should have a lawyer do this.

CA's will Crawfish out of every verbal agreement and possibly some written ones as well

they often use the courts to do this

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DV at this juncture can be ignored while the sand in the timer continues to run out. You basically have the right to request a "bill of particulars" which is the verbiage many courts particularly small claims courts use. It is also known as "Discovery" prior to trial. Either you or they can request a Continuance to enable them to produce the necessary proof the debt is yours. You should then be able to reach a settlement. One of the best ways to get out of a debt is to be broke and without income; even better, not owing other assets as well. If you've got a job with a telephone that someone can answer, a paycheck, live indoors under a roof that you own and/or have a car that runs --- watch out, they're gonna getcha!

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