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Cautiously Optimistic about Winning


Guest mrodal3
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Guest mrodal3

Hi all. First, thanks for the great website and useful information. All the credit for any progress I've made on this is solely due to this site.

Here's where the lawsuit stands so far:

-Being sued (credit card debt) in Indiana by a CA also located in Indiana.

-CA is an attorneys office.

-They filed a motion for default judgment before I got on top of things, but it is not granted yet (or I haven't received confirmation of it).

Here's what I've done recently:

-Requested validation. They sent me a letter (received today) stating they have "requested documentation from the bank" and it may take "30 to 120 days for us to receive" in order to forward to me.

-Looked them up on the Indiana Secretary of State site to see if they are licensed. They are not licensed and bonded as a Collection Agency. Nor are any of the names of the partners individually licensed as a CA. http://www.in.gov/sos/securities/apps_forms.html

-Looked up Indiana credit law (Code 25-11-1), which states "Sec. 2. The term "collection agency" does not include the following: (a) Attorney at law." I assume this would make Indiana law not in compliance with the FDCPA, which it is subordinate to, and that the firm does need to be licensed and bonded. http://www.in.gov/legislative/ic/code/title25/ar11/ch1.html

Do I understand the relevance of the FDCPA correctly, and that the firm is considered a CA? And that they are need to be licensed? They sure are acting as one and their letters state "We are debt collectors," of course.

Now I need to know what's best to do from here.

File a Motion to Vacate, based on non-validation and non-licensure?

Or is the non-licensure not an issue, because of the Indiana law?

Or is there something else I should do?

Thanks for any help and keep up the good work on the site.

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File an oppostiton to their MSJ and wait for their reply. Then show up for the hearing to at least request a continuance until they have the strict proof you have demanded. Also mention the state liscence thing. The worst the Judge can say is "not releveant."

If the debt is legit and within the SOL, you will at least have bought yourself time to work out a payment plan and will have sent a clear message to the bad guys that they won't get an easy default against you.

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