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Wait a minute....help please


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I just read this in another post..

Now, if you have send them the earlier debt validation letter by certified mail, and you have the receipt, then there is no need to worry because if they sue you to the court they cannot bring judgment against you.

SO....that rasies this question, I DV'ed them and they signed for it 5 days PRIOR to filing papers in court. Do I go ahead and answer of ask for dismissal?

Thanks

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If this is the OC you're talking about, then, no...the FDCPA does not apply.

If this is a CA, and they're the ones who sent the letter and they're the ones who filed the suit,then, maybe. That is indeed a violation of the FDCPA prohibition against continued collection activity until the provide validation...but...the suit is filed, so, you have to defend it. Showing the judge that they were off by a couple of days may not be enough....

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Its Legal Recovery Services in San Diego CA. They claim they are acting on behalf of Cap One however have sent nothing to prove they are authorized to act on their behalf....should I just continue on with the answer to summons?

Thanks

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You have no choice, you have to respond to the Complaint. If you do not respond then a default judgment will be entered against you which means you LOSE! IF you do not have asset protection than you will either have your wages garnished or liens on your personal property.

I am just curious I see a lot of posts where people are just "automatically" getting sued by CA's. These people do not seem to indicate they have any prior communication from the CA, now I know it does happen, sort of happened to a friend of mine (while she was talking with one out of state law firm/CA, another local lawyer came and filed suit against her in court. She stopped dealing with the out of state company and dealt with the suit at hand.) My point is there is a lot you can do before it gets to this point. I make CA and law firm CA's prove they have a right to do business in my state, or if a lawyer that he hold a license to practice in my state most of the time their business is not registered in my state and they disappear. xdancex

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That would be nice. I spent almost 1 year defending against a JDB who wasn't licensed at the time the suit was filed as either a foreign corporation (as alleged in compliant) or licensed as a collection agency. They still managed to file a law suit and get through some discovery before they voluntarily dismissed it.

Seems CA's and JDB live and work in a separate reality.

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Whether they provide validation or not, ALWAYS ALWAYS ALWAYS answer the lawsuit/summons. You're only screwing yourself if you don't.

A JDB sued me last year without showing me any validation or any documents to back up their claim. Well, I answered the suit and I have yet to hear anything to this day—from their attorney or from the Court.

But I have something over their little heads though. :twisted:

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