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Just wondering?


tallcoolone
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Still DV the CA, no matter what. Remember, even if they sue you after receipt of your DV, sent CMRR, you have a defense. The law says they must cease all activity until debt is proven. Therefore, if they sue without proving, they will have to prove debt in court. And, being a JDB, they more than likely won't have the proper info to show the court, which can cause them problems.

As to your question of their having OC info, the answer is maybe. Sometimes they do, sometimes they don't. This is why you DV. You want them to prove they can collect in your state, have the right to collect, and are pursuing this in a legal way. Thus, if they don't have it and continue, they are in violation. If they report without the dispute notation, it is a violation. In short, if you have some violations and they do eventually get the proper papers, you will be able to settle for less. In regards to the default question, the answer could also be maybe. I say this as a default gives them ammo as too many consumers have no idea of the laws and cede quickly and pay.

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yeah well as posted in another thread , they are suing, I only found out because I was browsing my clerk of court website it said they

filed complaint 12/1/2005

issued a summons 12/5

summons returned unserved 1/11/06

Found out Tues 1/17 looking over website

now I check the defendant info (mine) and found out they had the plaintiff's (unifund) attorney's address, in a complete different county, listed as mine, even though they say in the complaint (which I rushed down to the court house to get a copy of) they know I am a resident of the county in which I reside. hmmmmm typo on someones part... or trying to be sneaky and try to get around not trying to serve me, and recieve a default judgment on the case?

I sent a dv letter (certified request reciept) to said law office, and will also sent one tommorow to CA themselves. Not mentioning the case # only the account #'s to the alleged debt. (Can not afford attorney)

So It is 19th, have not been served as of yet, and am trying to get a jump on my answer if I do receive the summons. And also my discovery. What I am scared of , is I really am not that great at all this legal jargon, procedures, and writing So I have been trying to find the right sample letters and tailor them for myself. So if anyone has links, tips, advice, or thinks I am screwing up royally. PLEASE let me know.:)

Saw on one of my CR's that they reaged at least one of the accounts, the complaint is about two accounts. Also on the complaint, it looks to me they are refering to three accounts, marked as count I, II, and III. But II, and III are the exact same ammount and with the exact same OC. are they trying to bump up the judgment? hmmmmmm Do I have a good counter claim against them?

Thank you for any and all responses!

p.s. will keep everyone updated

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"yeah well as posted in another thread , they are suing, I only found out because I was browsing my clerk of court website it said they

filed complaint 12/1/2005

issued a summons 12/5

summons returned unserved 1/11/06

Found out Tues 1/17 looking over website "

Well it looks to me like the made a clerical error with the address. Which is why they were not able to Serve you! If they can't serve you the papers, they can't have a judgement against you!

They have to serve you the summons to appear in court before they can sue you (it's part of the process).

Someone else chime in. I'm new at this, but it's common sense they have to serve you to sue you.

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