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I have been in the process of collecting information for my pretrial conference scheduled on January 9th. I have a few questions. As I pulled my credit report I found where the CA had placed a collections on this account on 3/05. Lawsuit was filed on 4/29/05, served on 6/4/05. Answer to lawsuit was filed on 6/25/05 along with the Answer I sent a DV letter. Validation was sent 12/06. OK. Now I need the help in determining how many violation for a counter suit. 1) The CA updated on my CR 9/19/05, 9/23/05, and 10/10/05 is this 3 seperate violations or is it considered as one? These were all listed while the debt was not validated.

2) While the CA had not validated the debt they filed a response to my answer. They also filed a order to extend time to conduct discovery based on needing to validate. Would these be considered a continued collections without validation and would it be 2 seperated violations?

3) The lawyers for the CA pulled a credit check on my CR on 4/6/05. Is this a violation? 4) Since I disputed the debt in my answer, the CA did not report it as disputed that would also be another violation?

Please also advise maybe anything else I might have over looked. I would also know should I sit on all this till the pretrial or should I send a request to the lawyers that list all my counter claims and a request to have case dismissed with prejudice in return for my not filing the counter claims. The CA is asking for an amount of 6856 plus attorney fees. It was brought to my attention that I might need to add that the summons was the first communication between the CA and myself.

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I have been in the process of collecting information for my pretrial conference scheduled on January 9th. I have a few questions. As I pulled my credit report I found where the CA had placed a collections on this account on 3/05. Lawsuit was filed on 4/29/05, served on 6/4/05. Answer to lawsuit was filed on 6/25/05 along with the Answer I sent a DV letter.

Once something goes to court, a DV letter is pretty useless. If they updated your report after you sent them something after the first dunning letter (first notice of collection), then you would have something.

Validation was sent 12/06. OK. Now I need the help in determining how many violation for a counter suit. 1) The CA updated on my CR 9/19/05, 9/23/05, and 10/10/05 is this 3 seperate violations or is it considered as one? These were all listed while the debt was not validated.

No violations that I can see.

2) While the CA had not validated the debt they filed a response to my answer. They also filed a order to extend time to conduct discovery based on needing to validate. Would these be considered a continued collections without validation and would it be 2 seperated violations?

They are in no way in violation for following proper court procedure, which they are doing.

3) The lawyers for the CA pulled a credit check on my CR on 4/6/05. Is this a violation? 4) Since I disputed the debt in my answer, the CA did not report it as disputed that would also be another violation?

They are in violation, potentially here for pulling your credit file without proper authorization. However, I would file a separate lawsuit.

I send a request to the lawyers that list all my counter claims and a request to have case dismissed with prejudice in return for my not filing the counter claims.

If you do this, you need to make a list of why the thing should be dismissed. What state and federal laws back you up on your dismissal claims? In order to file, you need to think this through. How did you answer the summons? What claims are they making?

The CA is asking for an amount of 6856 plus attorney fees. It was brought to my attention that I might need to add that the summons was the first communication between the CA and myself.

If that is the case, you can get them for violation of the FDCPA for not notifying you in the proper dunning letter. But please, forget about the DV stuff for now.

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ok..I understand that u are saying that a DV is useless after the suit began. However this was first contact...therefore does it not mean that I had 30 days within the first contact (the service of a lawsuit) to request validation. Upon serving them the validation within 30 days stating that I disputed the said debt does law not require for all efforts through litigation or otherwise cease until the information requested is provided? So when the CA updated on 3 seperate dates after the DV letter is that 3 seperate violation or combined one. This is a second attempt to collect on a orginal debt with DMB who attempt to sue and then request dismissal without prejudice. DMB assigned the account to Portfolio Management on 3/05. I did not know this until I received a summons from Portfolio. DMS seems to have re-aged the account stating last know activity to be 3/05. However, they served me a summons back in 6/03. How could these 2 dates not match?

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I think all of those reasons would be a good basis for motion to dismiss. I'd handle one thing at a time, and you want to shoot the charging tiger first before figuring out a way to hunt it down.

If you want to countersue, you can, if allowed in your state, but it may be in your best interest to file a suit separately.

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I appreciate the response. I guess I had jumped the gun a little with my counter claims. My question now would be....If Portfolio is an assignee of the DMB account, Do I defend the suit with the same things I used during the suit by DMB? I have a payment history (copies of statements) from DMB that shows that payments were due on weekends and holidays. I also have payments posted on weekends also. I had a APR rate of 29.99%. I questioned the legal rate and asked for the orginal contract to show what the default rate was stated as. I never received the contract. I have one last question. I can't use my CRA to find the default date. I need to know if the statements would be effecient to use to show the date that Oklahoma SOL began? And If I used a collection department payment plan of an automatic draft for six months does that change the orginal default to the date of last payment made to them?

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