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Being sued by Tri-Cap , HELP!!!!!!!

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Question?..I filed bk chapter 13 in 2004 and case was dismissed in 2005 because I could'nt afford the monthly payments. I know that allowed creditors who were on the bk list to pursue their collections. Now I'm being sued by a ca named Tri-cap Investments. The case is already in pre-trial, I made mistakes early on. I had no clue what to do until I started reseaching. I don't know if it was too late but I sent Tri-caps Attorney a validation letter. Tricap resonded with some copies of the chpt 13 bk papers and an affidavit of assignment. I t was from one of their employees stating that they bought the acct from E-cast settlement who bought it from National loan recoveries. and sent me copies of the credit card disclosures but nothing with my signature.

I had a court date on Jan 3, 2007 where the judge ganted motions to compel responses to its form interrogatories and request for admissions were granted also. Now I have to answer. How do I do that, and do you think I need a lawyer?

Also, when I received their letters stating that I owe Tricap, I never was informed of the 30 days I had to validate.

Please Help!

Thank You

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1. RE: No notice that I had 30 days to validate - If there is no "mini miranda" notice/sentence (e.g. ...this is from a dect collector, any information with be used for that purpose, blah blah blah"), then "Tri-Cap" has violated FDCPA

2. RE: Interrogatories, answers - Search this website for above and for the "...answering interrogatories" bit - there's good info...in fact one of the points of your interrogatories should touch on the above...

3. RE: Should I get a lawyer - you could seek out the advice of a lawyer, but unless the case is worth enough s/he may not want to be involved (I haven't found a lawyer that knows as much as I do about this bit of law or wanted to hear about my $2200 case)

4. RE: Validation sent - Tri Cap's docs copies sent of a BK affidavit, notice of assignment, and a generic agreement without your signature is kind of grey as proper validation; IMHO that copy of the BK affidavit could substantiate that there was an contractual obligation between you and the OC such that the same was later assigned to Tri-Cap (but I am not a lawyer and that is my $0.02)

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Thank you very much. I just hate to think that this Tri-cap is going to get about 48,000 from me. My mistake was filing bk.. I wish I would have know about debt validation b4. I had about 10 ca listed in my bk and had I known I would have sent them letters first and probably got rid of 1/2 of them, but dumb me, instead I just listed them along with the original creditors.Tricap bought six accts. I just think its weid that they haven't sent me proper validation, especially because these accts went through 2 ca and 2 attorneys advising me their going to sue with the final one really taking action. I sometimes have 2 ca sending me letters regarding 1 acct. What a mess I got my self into. I already have a judgement from Eskanos & alder re: B of A that I just didn't show up to so they got a default judement last year.

Oh just 1 other question. Interest accrued when? on a collection acct..how do I make sure there charging me correctly?

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