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Assett threatening to sue


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Well, hopefully you sent your letter to them CMRR and you got the green card back. If you have that card, you're in luck. Then go here and read up

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

After all of that and you wanna get brave you should refer Dan Gamache to some reading material called "An Analysis of The Decision, Its Effect Upon Litigation and Suggestions for Avoiding FDCPA Violations in Its Aftermath". He should know it...it co-wrote it LOL

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1. CAs will always threaten to sue. They may or may not actually file suit.

2. Have you disputed the trade line with the CRAs? I find that it's the CRAs that actually marked the TL as disputed and not the CAs.

3. You know if you have had a Chase account in the past. Therfore, you know if this is a legitimate debt. Yes, the CAs will need to provide proper validation. But are you really not sure if this is yours?

Anyway, you did the right thing by sending the second later. All you can do now is wait for their response.

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This is clear violations of the FDCPA.

1. If you disputed with them, as you have, they (the CA) must mark the tradeline is dispute.

2. if your dispute was timely (within 30 days of the initial communications) they must suspend their collection efforts until the obtain validation of the debt from the original creditor and forward it to you.

If they have not done so, it is a violation to threaten suit or make any efforts to collect.

It is time to prepare a complaint and file it in the local court for violations of the FDCPA. The best way to get their attention is with a summons to visit the Judge.

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the statute of limitations on FDCPA violations is one year. They can be sued up to one year after they violate.

I think you are realizing the agenda here. The best defense is a strong offense. Your counter claims give you leverage in dealing with the Plaintiff. If you file the counterclaim, Number One it tells them that you will not roll over and that they are going to have to fight to get anything out of you. They do not want to have to fight. They are in this for the "EZ Money". It will hopefully make them not want to throw more good money after bad.

USofA

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Well, I guess Gamache & Myers is gonna answer my DV with a lawsuit because today i received an advertisement from an attorney wanting to help me keep from getting a garnishment. At the bottom of the letter it says information about an impendiing judgement action was obtained from the county court.

Guess i will be getting served soon. So guys hang in here with me I think i am gonna need your help!!!

Hit the county website and see if you can pull info on the case. If necessary, make a trip in person. Sounds like you have all your ducks in a row with your documentation. Keep us posted.

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I would get ready to go it alone. It is not that difficult. If you get a summons, begin to prepare your "Answer" to the complaint. With your answer you can file a counter-claim for violations of the FDCPA.

Your first Cause of Action (COA) is for failing to cease collection efforts when you requested the validation of the debt within 30 days of the initial communications.

Second COA is for false and misleading statements. They include the date on the letter.With a little more details, I am sure we can dig up other technical violations.

Legal action is a dance. And a mental game. By filing a counter-claim it gets the attention of the other party. There game plan, most likely, is to file a suit, wait for you to no show for court, and collect a default judgment. They are not suing you because they want to debate the merits of their case before a judge. They are in the business of collection defaults.

By putting them on notice that you are not just going to hand them a default, in most cases it will make them more willing to negotiate. In addition, it gives you leverage because if the violations are clear, like this appears, they know that any judgment that they get can be reduced by your counter claim. It can make it less profitable for them.

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FDCPA section 809 (B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

FCDPA....read it....learn it...live it?

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Ok, yesterday I received a letter from G&M that says "enclosed is the statement of acount which validates the above-referenced debt." And there is a copy of one statement from an old Circuit City card that I had. So I know now what this debt is for but the amount on the statement is no where near the amount they claim I owe.

Since they have already filed suit (I still have not been served). Do I have a chance in court?? What do I do now?

How old is this card?? When was the date of last activity on the card? Check those out and then check with your SOL's in your state.

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