sent to her, on which she said she had never had any credit with that company. She sent this back within 30 days. But it wasnt notorized. They never validated the debt. Court is in 13 days and my question is , is it too late to ask them for validation? I have proof that she sent the letter. Also since court is in 13 days and by law they have 30 days to respond am I out of luck or could I still send them the request before I enter her answer which will be this Friday?
2007-11-30 10:11:15 · 7 answers · asked by purrfection02 1 in Business & Finance ➔ Credit
If she didn't send it certified is it pretty much useless? And if so what do I do next?
2007-11-30 11:44:31 · update #1
Does the law require it to be certified?
2007-11-30 11:45:00 · update #2
Also is it legal for rhis law firm to decide to settle out of court then to ask me for my mother checking account information and say they won't withdraw until next week without giving me proof of the debt in the first place and sending me anything in writing?
2007-11-30 13:27:58 · update #3
If I find they are in violation do I file the countersuit before my court date?
2007-11-30 13:48:50 · update #4
I don't know that it will do much good to send them another letter as you have less than 30 days. You have proof that the first one was sent and received by them I hope, and to my knowledge they don't need to be notorized, so if they didn't validate the debt, they are in violation of the FDCPA (Fair Debt Collection Practices Act). They have to provide *proof* that the debt does indeed belong to her by providing all records of all transactions with her signature where she agreed to pay.
You need to make the judge aware of that one and he or she will probably throw it out.
2007-11-30 10:16:31 · answer #1 · answered by Tracker 6 · 0⤊ 0⤋
You do not need to send a "Notarized" letter, but it must be sent Certified. Unless the letter was sent "Certified" the courts do not have to accept any other proof that it was in fact sent. Some judges may accept things such as if they signed a return receipt. But just the statement that says she mailed it with no other proof probably won't be accepted.
If she sent the letter and it was "Certified", if they did not validate the debt before they filed suit they have committed a violation of the Fair Debt Collection Practices Act(FDCPA). They are not allowed to take any other actions against her until they provide the validation. If this is the case she can actually turn around and sue them for $1000 for each violation.
If you need to file an answer, I would request the proof in the answer. In the answer DO NOT admit to any part of the debt. Instead request that they prove that the debt is in fact your mothers, this includes the original credit agreement with her signature. They should also provide the balance and payment history, such as canceled checks or transactions. These would show that if any purchases or payments were made they were not made by her.
Since you said it is not her debt, they should not be able to prove that is in fact her account and the judge should dismiss the case.
2007-11-30 10:23:58 · answer #2 · answered by OC1999 7 · 3⤊ 0⤋
Have her look on her credit reports for this creditors name and especially the account number. Sometimes what happens is the credit collection company is on a commission basis and the actual creditor is not showing up. This is a practice they use to increase fees and judgments. Their wish may be that she does not show up in court so a lien can be placed against her property or pay garnishment.
Send a certified letter, signature required, call that attorney's office or use the name on the letterhead. You can also send it in addition with a courier next day service, signature required.
2007-11-30 10:27:01 · answer #3 · answered by AJ 4 · 0⤊ 0⤋
There is not a whole lot they can do. A law firm may get a judgment against you for any real property you own(house or other real estate), and when you sell they will get paid. Other then that there isn't much else they can do. A lawyer may threaten, but they have very little rights to collect a debt, that's why credit cards are called un-secured debt. If you want to pay, send them one dollar a week.
2016-04-06 06:09:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Just go to court with the letter! If you don't show up in court they'll enter a judgment in absentia. Although you can get that vacated at a later time, just go, bring the letter and the judge will probably find in your favor!
2007-11-30 10:21:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Take the letter and the proof to court. Ask the judge to throw out the case "with prejudice" -- so that they can't sue again.
2007-11-30 10:20:03 · answer #6 · answered by bdancer222 7 · 2⤊ 1⤋
file a motion of discovery
2007-11-30 17:01:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋