2nd request for validation

[desperate4help]

I am being sued by FIA Card Services and their attorney is Love, Beal & Nixon. I requested debt validation and I received a letter stating OC (BOA), acct #, and total amt. Love, Beal & Nixon just sent Certificate of Service. Should I send a second Debt validation stating their information was insufficient and request accounting of the debt and also get a Certificate of Service, so the courts know how I responded? Immediate response would be GREATLY appreciated!!

[debtorshusband]

I would not send a second DV letter for the following reasons:

First, I never send a second DV. If I don't like what they send, I either ignore it or tell them to pound sand.

Second, their response may meet the ill-defined "requirements." And, that's not the fight you need to be fighting right now.

Third, the court isn't going to care how you respond to their letter.

Finally, and most importantly, you are in the middle of a lawsuit now, and that's the arena in which you have to fight, and by the rules of that arena. Arguments over DV'ing are pointless. You need to fight this battle in the courts.

Good luck,

DH

[desperate4help]

Okay, so I signed for a certified letter yesterday and it is "Requests for Admissions, Interrogatories and production of Documents." On the cover page they are asking me to call them instead of wasting time filling out the Discovery & possibly discussing an agreement to resolve the matter. I'm just wondering if I should fill out the Discovery & then send them one and wait, or settle the acct, which they will obviously be asking for an ungodly lump sum. I'm worried about calling b/c if we don't come to an agreement, then they could use that against me in court, right?

[Recovering Attorney]

See if there is a NACA lawyer near you. Migh tbe worth a consult.

A DV letter is not a defense nor is the well-worn template you'll find here and other places sufficient as an answer to refute allegations in a complaint. If all you've done is copy the court with a DV letter, you are leaving yourself open for a summary judgment, imo. So if you haven't done so, file an answer now.

[desperate4help]

Oh, no...I filed my answers and requested DV. Now I am going to answer Discovery, and send them one too. I'm just wondering as to why they have not once sent me any verification to the debt. I would think that if they have a solid case that they would have sent me something. I guess I will wait and see if they send anything to the Discovery I send.

[Linda7]

Oh, no...I filed my answers and requested DV.

Once they've filed a suit, you're beyond sending a DV letter. From your statement above, it sounds like you filed your answers and "also" requested DV, but if it is in the courts . . . it's too late for sending DV letters. Now you'll have to see what they have hopefully through discovery. Sending a DV letter should happen when you first receive contact from them, like their collection letter stating you have 30 days to dispute the debt.

[desperate4help]

Well, I have another post stating the Discovery I was going to send, but I spoke to a local lawyer not related to the case, and he said FIA & BOA are the same, so more than likely they will easily produce the documents that I requested and that I would better off settling the debt. I don't know, it makes sense to me, but I just find it strange that the lawfirm has not sent anything up to this point. I was curious as to whether they would even answer the Discovery, but maybe it's better to settle b/c they may not be after the Discovery I was going to send. I dont know...I'm disappointed/confused :s