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Does this hurt my defense?


Scooter500
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Hello all,

 

In dealing with a Collection agency attorneys office the first time they called I requested that they send us a letter validating the account.

 

At the time of the call I had already sent off a letter to the collection agency care of the attorney, (certified mail), in response to their intial mail from them asking for payment. I asked them to validate the debt, asking for original contract, signed agreement with them, proof they own the account, account particulars etc.. Stating all further communications would be via mail only.

 

Back to the phone conversation I feel I made a mistake by stating the following while on the phone;

"We need validation from you, we are not going to give money out to a complete stranger. If you can validate the debt maybe something can be worked out". Ended conversation. We never spoke to them again via phone.

 

After several months we finally got a response from them via mail; an account number, amount, name and date all of which I did not recognize except for my name asking for payment.

 

We responded back via certified mail staitng the account is still in dispute.

 

Another year later the collection agency hired another law firm and the same letter requesting payment.

 

We again asked them to validate the debt by sending a letter mailed certified. 8 months or so later we get the same form letter back from them with the an account number, amount, name and date.

 

We then got another letter shortly after this with their intent to sue.

 

My question is can my phone statement be used as a defense against me?  Does it imply that I agreed to payment?

 

Any opinions are appreciated!!

 

Thanks in Advance,

 

Scooter..

 

 

 

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They legally validated in both cases.  They can legally sue.  The information you have demanded can be demanded through discovery, interrogatories, and admissions in the lawsuit.  Then you can move to have the case dismissed based on their failure to answer properly, or their failure to state a proper complaint/case.

 

Your argument is "not mine" (owed by someone else or a mixup in plaintiff's, or debt seller's computer).  You demand for proof that it is yours, including agreement contract actually signed by you, and chain of properly notarized ownership assignment connecting the agreement to the plaintiff.

 

Settling matters in court without admitting to fault or agreeing a debt is owed happens all the time.  Not that I would ever settle on a debt I do not owe (that's my personal philosophy), but many people do, just to make it "go away".

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They legally validated in both cases.  They can legally sue.  The information you have demanded can be demanded through discovery, interrogatories, and admissions in the lawsuit.  Then you can move to have the case dismissed based on their failure to answer properly, or their failure to state a proper complaint/case.

 

Your argument is "not mine" (owed by someone else or a mixup in plaintiff's, or debt seller's computer).  You demand for proof that it is yours, including agreement contract actually signed by you, and chain of properly notarized ownership assignment connecting the agreement to the plaintiff.

 

Settling matters in court without admitting to fault or agreeing a debt is owed happens all the time.  Not that I would ever settle on a debt I do not owe (that's my personal philosophy), but many people do, just to make it "go away".

Thanks Torden!!!!!!!

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 scooter i would start looking over the Ca rules of civil procedure. http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

Ca discovery rules http://california-discovery-law.com/ ,Read about common counts,breach of contract,account stated.

Get to know the forms that are commonly used such as www.courts.ca.gov/documents/pld050.pdf,  general denial

www.courts.ca.gov/partners/documents/DemandBillParticulars.doc  bill of particulars

http://www.courts.ca.gov/rules.htm  rules of the court.

www.courts.ca.gov/documents/fw001.pdf  fee waiver

 

This way you will be ahead of the game if they file suit against you.

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 scooter i would start looking over the Ca rules of civil procedure. http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

Ca discovery rules http://california-discovery-law.com/ ,Read about common counts,breach of contract,account stated.

Get to know the forms that are commonly used such as www.courts.ca.gov/documents/pld050.pdf,  general denial

www.courts.ca.gov/partners/documents/DemandBillParticulars.doc  bill of particulars

http://www.courts.ca.gov/rules.htm  rules of the court.

www.courts.ca.gov/documents/fw001.pdf  fee waiver

 

This way you will be ahead of the game if they file suit against you.

Thanks a million racecar!!!!!    It is Most appreciated!!!!!!

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Also be reminded that the fdcpa

§ 807.  False or misleading representations  [15 USC 1962e]

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

 

If they do not file suit I would file one myself.

 

§ 806.  Harassment or abuse  [15 USC 1692d]

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"We need validation from you, we are not going to give money out to a complete stranger. If you can validate the debt maybe something can be worked out". Ended conversation. We never spoke to them again via phone.

 

 

My question is can my phone statement be used as a defense against me?  Does it imply that I agreed to payment?

 

 

You didn't agree to payment. "Working something out" may include coming to an agreement that they'll never contact you again.

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