domesticengineer

TIMELINE....What's wrong with this picture??

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I live in Omaha, Nebraska. The debt is not out of SOL. The debt was sold(?) or assigned(?) from First USA bank to Unifund in Ohio.

June 23rd. Received first notice from lawyer. I believe they overshadowed.

"Please be advised that Unifund CCR has acquired all of the interest in the above referenced account outstading against you. Please be further advised that demand is hereby made for the amount referenced above. Please be further advised that if payment or arrangement for payment is not made within 15 days of the date hereof we will have no alternative but to bring appropriate legal action for the collection of same. Please govern yourself accordingly.

Unless you notify us within 30 days after the receipt of this letter that the validity of this debt, or any portion of it, is disputed we will assume the debt is valid. If you do not notify us of a dispute, we will obtain verification of the debt and mail it to you. We may proceed with suit against you without waiting the 30 days, if so requested by our client.

This communication is an attempt to collect a debt and any information obtained will be used for that purpose."

Lawyer,

Bellevue NE

June 28th received copies of 3 Credit Reports

July 3rd Sent a DV letter to lawyer

July 5th Lawyer's office received letter and signed.

July 7th Got my green copy in mail

July 10th, 2pm Served summons of being sued by Unifund represented by Bellevue lawyer

July 10th, 4pm Disputed Unifund on my credit reports-they are reporting it like I have an account with them.

The Court papers state they made demand on me more than 90 days prior to filing the action. Not true- Lie #1- hasn't even been a month since first contact! Also says I have wholly failed and refused to pay said amount due. Lie #2- my DV stated "this is not a refusal to pay".

Now my questions...was DV'ing to the Lawyer adequate?

Do they need to answer my DV?

Can they lie on the court papers?

I have 30 days to file at the Courthouse- should I wait, say, three weeks, to see if they validate to the Credit Reporting Agencies?

Any advice greatly appreciated!

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I think you'd get better results for this in the Lawyer forum. Don't repost it, someone will move it for you. Looks like you might have some good stuff to work with! I will let others reply since I've never sued or been sued. At least not recetly! *touch wood*

Good luck! :)

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I live in Omaha, Nebraska. The debt is not out of SOL. The debt was sold(?) or assigned(?) from First USA bank to Unifund in Ohio.

June 23rd. Received first notice from lawyer. I believe they overshadowed.

Now my questions...was DV'ing to the Lawyer adequate?

Should I also send the letter to the CA--I just realized it is still within the 30 day window....even though in their complaint they say they contacted me 90 days ago. I have the lawer's letter postmarked June 19th.

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The letter IMO is a case of overshadowing. It does not pass the "least sophisticated consumer" test.

Your DV to the attorney was adequate. The attorney's response (summons) was legal as well. It's not that you lose your right to DV after receiving a summons, it's now a case of you asking for the same items during discovery.

Your focus now should be to file a written answer with the court before your 30 days are up. Should they verify to the CRA's before providing DV, then that would be a violation for continued collection activity after a proper DV request. As for the lies, it is now up to you to show that they are lies. You do that now by filing an answer and through the discovery process.

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