Need help - sued before 30 days
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Posted by kelly
(67.33.64.64) on July 21, 2003 at 22:47:45:
Friday, June 27, 5 PM - received 2 messages on cell phone (a private, unlisted number) from CA which were timed at 9:50 and 9:59 AM. Did not get messages until I turned my cell phone on as soon as I got off work. Messages were "threatening" my wages effective Monday, June 30. Never heard of company that left message so I return call. First "nice" guy I talk to tells me that they have sued me in magistrate court in the county I live, have judgement for $3900 and are getting ready to garnish my wages effective Monday morning. I asked who they were and why I was never sent any kind of demand letter or served with papers. He couldn't answer the latter part of my question but said they sent a demand for payment letter dated June 5. This was lie #1 - letter was actually dated June 23, postmarked June 25 and received by me on June 27 - same day as their phone calls. Lie #2 - no such law suit or judgement had been filed as he stated - not until July 14 anyway. Lie #3 - I ask for the court's case # so I can call and verify it. The so called court case number he gives me doesn't exist in our local court system. After round and round, he asked me if I had a bank account and I told him it was none of his business - give me a break! I DO NOT give out my checking account number to someone I don't know especially! He hangs up on me as instructed by a voice in the background on his end. I immediately call back - get guy #2 who claims to be the owner of the company and refuses to let me speak to the first guy. Guy #2 tells me he's not sure if the lawsuit has been filed yet or not. Bull! First, guy #1 screwed up in making false statements by telling me that they already had judgement when in fact they didn't. Second, guy #2 KNEW the lawsuit hadn't been filed yet because it didn't get filed until July 14 and his signature was on it! Finally, my initial question - the CA's demand letter gives me 30 days to dispute the debt or any portion thereof, etc., etc. CA files lawsuit in less than 30 days from even the date of their letter much less 30 days after I received it. Is this legal?? My legal response time has been cut short by 18 days as I have to file an answer with the court within 30 days from date of service (July 16). CA told me in 2nd phone call on June 27 that I had no right to proof of debt and verbally refused to give it to me at least twice. Said that the law required him to provide proof of debt on his terms, not mine and he would not provide me with proof until we were in court. Have any laws been broken here by the CA? I figure they have violated FDCPA by making false statements in phone call #1 and the letter dated June 5 which apparently doesn't exist. BTW, this is on a credit card account that I haven't had for about 3 years. I have requested a complete charge and payment history as well as a copy of my signed CC agreement from both the CC company and CA. Have received nothing yet. Any help would be appreciated.
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