I got a summons on the door. I went to court to deny the claim. I only owe $300. They still have not sent the validation documents. They gave me a 2nd court date (it's next week) to prove my case. Yesterday a got a letter in the mail from the debt buyers with the judge signature and everything saying that I didn't show up in court & the court now order me to pay $1500. I called the court and they didn't no anything about the letter & they had nothing to do with it. Is this legal?? Any advice??
2007-09-18 03:51:38 · 5 answers · asked by STARS 3 in Business & Finance ➔ Credit
Go to court. Take that letter with you. Deny the debt. Ask for dismissal WITH PREJUDICE. That way they can't come back in a couple months and try suing you again.
2007-09-18 04:10:41 · answer #1 · answered by bdancer222 7 · 2⤊ 0⤋
If what you are saying is correct then either the debt buyer has done something illegal or there was a mix up of paperwork with the court(which happens more often then people think).
Go to court on your second date and bring a copy of the letter in with you. DO not let the court take custody of the original letter you will need this if you take legal action down the road. If the court sent that out by mistake then it would be just be ignored. If in fact the debt buyer sent this out and it was not signed by the judge you still may not get this case thrown out, it would be up to the judge. In most cases it probably will be thrown out, but there is a chance it may not be. One reason is you admitted to owing $300 at the first hearing. So the judge may find that the $300 is valid and put in a judgement for that and not the entire $1500. Again this does depend on the judge you get.
However, regardless of what happens with your case you have excellent grounds for filling suit against them for violation of the Fair Debt Collection Practices Act(FDCPA). In this case you can sue them for $1000 per violation.
2007-09-18 05:30:49 · answer #2 · answered by OC1999 7 · 0⤊ 2⤋
JDB's can be very dirty. They probably sent you the letter to keep you from going to court on your next court date.
Since they have not validate the debt, they basically have no case.
Show up for our court date. Deny everything. Ask for a dismissal.
2007-09-18 04:04:30 · answer #3 · answered by Ti 7 · 2⤊ 0⤋
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2007-09-18 21:17:40 · answer #4 · answered by Anonymous · 0⤊ 1⤋
call an attorney..they can help you...sounds like you need one now
2007-09-18 04:00:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋