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Suit w/ Cap One goes from ridiculous to WTF???

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Okay, I'll sum the previous events quick:

Got Summons (or what was impersonating as summons)

Requested validation.

the attorney's office (who is a DC by admission) sent back a verification, rather than validation (just balance and OC name/address)

I wrote back, stating they were in violation of FDCPA 809 and 807 (by sending a 'summons' which had not been filed with the county courts)

Today, what do I receive? A REQUEST FOR ADMISSIONS!!:evil:

Now, they haven't even answered my previous letter, and I was gracious and gave them a few more days than stated. Then I get this.

Now, correct me if I'm wrong, but...

Now, not only have they violated sec. 807 of the FDCPA with the invalid summons, they have also violated 809 TWICE: once for not providing adequate validation, and now, by continuing collections activity with this Req. for Admissions. (trying to get me to hang myself, since they can't do anything.)

Seriously folks, I'm pretty sure I've got a case here now. I need some serious help. I've never filed suit with anyone for anything before. How do I go about this? I'm guessing that I need to go to the county courthouse, to the small claims division, but after that, it gets kind of fuzzy.

Need some help, oh so pretty pretty please as soon as you can. 8]

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Trying to get this straight in my head...

(For those just tuning in, see the following threads for background:



and thanks for the continued help)

As far as I can tell, at this point, there should be a two pronged communication with the law office:

1. I should be defending the lawsuit. Now, with the information I have so far, it looks like the original summons to answer complaint was not legitimate. (no case number. it's written completely differently than this new one.) Should I file an answer to the original? If so, how should it be written? See the above linked posts for all the information.

Now, as for the new Request for Admissions, that one does have a case number on it. I know that I should answer that, but again, how? That would also lead me to the flip side of this situation:

2. I should be filing suit against the law firm. I realize that a DV does not put an 'all stop' on the lawsuit, however in forming my lawsuit against them:

--am I correct in that they have violated FDCPA 809(a) in not providing adequate validation, 807(B) repeatedly with the false original summons, and 809(B) by filing the Request for Admissions and continuing collections?

I did post the texts of the communications up to this point in the linked posts above, so if anyone is willing, please read through those for a full background. I know that I should be consulting with an attorney, but I dont have a magical heinie-wallet I can pull $500 from to secure their services.

I would like to thank everyone who has helped so far, it is greatly appreciated. I know I'm starting to sound a bit snippy; the stress of arguing with these a**holes is really getting to me. Grr.

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