reallyconfused Posted December 23, 2008 Report Share Posted December 23, 2008 I received first notice dated dec 1, 08 stating that their client has authorized them to commence a lawsuit against me. I sent them a Certified letter on 12/8/08 requesting validation. Received letter today dated 12/16/08 stating :" As set forth in our initial debt validation letter, you had 30 days from receipt of same to dispute the debt and to request validation. We did not receive any correspondence disputing the debt within this time period. As, such we are under no obligation to provide validation at this time."I never received any letter prior to this one and wonder if they have to prove that they sent something? I would hope that they would have to prove delivery of letter just as I did when I sent certified. Any suggestions what my approach could be? Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted December 23, 2008 Report Share Posted December 23, 2008 They rarely ever have to provide proof they mailed you anything. do you have the original dunning letter still? and a cmrrr green card from your DV letter? Link to comment Share on other sites More sharing options...
reallyconfused Posted December 23, 2008 Author Report Share Posted December 23, 2008 I have the letter that they sent me dated December 1, 08 and I have copy of letter that I sent them with the cmrr green card. I have received nothing else from them. I replied ASAP to the letter they sent me. If I would of received the first letter that they said I got I would of replied. I fractured my neck and became disabled but still keep up on things. I was surprised when I got the reply saying my 30 days was up.Thanks for your help! Link to comment Share on other sites More sharing options...
reallyconfused Posted December 23, 2008 Author Report Share Posted December 23, 2008 I just received a summons. It says I am required to appear in city court , by serving an answer. No date is on it and not signed. Why am I sending an answer to plantiffs attorney? Please help I am confused for sure! Link to comment Share on other sites More sharing options...
swirlgirl Posted December 23, 2008 Report Share Posted December 23, 2008 You have to answer to summons and file it with the court and the attorney. This is standard procedure with court cases.Forget about the issues with the first DV. You will now request documents via the discovery process. Link to comment Share on other sites More sharing options...
willingtocope Posted December 23, 2008 Report Share Posted December 23, 2008 You might want to check with the court to make sure a case has actually been filed. Some debt chaser attornies have been known to try to "scare" people into coughing up money.... Link to comment Share on other sites More sharing options...
reallyconfused Posted December 24, 2008 Author Report Share Posted December 24, 2008 I have no clue how to write an answer. I am so confused and stressed. Like I said I fractured my neck and I know that I can not go to court but need to respond, but have no clue on what to write.You have to answer to summons and file it with the court and the attorney. This is standard procedure with court cases.Forget about the issues with the first DV. You will now request documents via the discovery process. Link to comment Share on other sites More sharing options...
swirlgirl Posted December 24, 2008 Report Share Posted December 24, 2008 Do a search for answer to a summons/complaint. This comes up almost daily. Depending on your situation, most people will simply deny all allegations in the complaint. You also need to think of defenses for your case. After you submit your answer, you will get a court date.But more importantly, please calm down and watch your health. No need to get sick over this. Link to comment Share on other sites More sharing options...
nascar Posted December 24, 2008 Report Share Posted December 24, 2008 Who is the CA? Link to comment Share on other sites More sharing options...
reallyconfused Posted December 24, 2008 Author Report Share Posted December 24, 2008 HSBC as succesor in interest to direct merchant credit: Later in summons it says:\4. Plantiffs precessor in interest, direct merchant credit card bank (hereinafter "original creditor"0 offered to open a credit card account in the defendants name7. The original creditor sold the account, including all rights, title and interest in and to the outstanding balance owed by the defendant, and plantiff is now the owner and assignee of the account.This was just taped to my door. no envelope in plan view! I am glad my daughter found it though I am embarrased. It is not signed in the signiture part and does have the notice saying This communication is from a debt collector and is an attempt....Thanks so much everyone.Who is the CA? Link to comment Share on other sites More sharing options...
reallyconfused Posted December 24, 2008 Author Report Share Posted December 24, 2008 Thank you for taking the time to help. I am going to try and enjoy my holiday and work on the answer. Do a search for answer to a summons/complaint. This comes up almost daily. Depending on your situation, most people will simply deny all allegations in the complaint. You also need to think of defenses for your case. After you submit your answer, you will get a court date.But more importantly, please calm down and watch your health. No need to get sick over this. Link to comment Share on other sites More sharing options...
reallyconfused Posted December 24, 2008 Author Report Share Posted December 24, 2008 One of the CA was banned from collection practices when in California, His name was David Cohen. I would like to find out if possibly this is the same David Cohen that is with this firm and sending the notices. Who is the CA? Link to comment Share on other sites More sharing options...
miro2 Posted January 13, 2009 Report Share Posted January 13, 2009 just curious the outcome if any update on this? Link to comment Share on other sites More sharing options...
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