Home
Public Forum
Credit Reports
Apply For Cards
Credit Directory
Credit Overview
Credit Problems
Credit News
International
Credit Glossary
Purchase Books
Credit Laws
Business Credit
Merchant Accts
   

Re: Court delays and should I pays


[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]

Posted by Why Chat (209.240.198.61) on August 12, 2003 at 14:08:14:

In Reply to: Re: Court delays and should I pays posted by LadynRed on August 12, 2003 at 10:08:31:


You can certainly request validation, however,it will have NO bearing one way or another in Court.

You need to separate in your mind the FDCPA requirements and the Court requirements. If the CA doesn't abide by the FDCPA in proper validation,it MAY provide you with a COUNTER SUIT -but will beuseless in defending yourself against their claim.

A previous poster went to Court with all sorts of "documentation" on the CA's violations, but didn't actually accomplish a thing,and lost-- because the issue was not the CA violations, but the DEBT being claimed.They apparently did not even request proof of the claim in Court, or raise the issue of SOL.

You need to have them prove in Court that you owe the $$,(and the Court's standards of proof are nowhere near as stringent as the "validation" conditions in the FDCPA) that the additional interest and legal fees are correct and allowed by your State laws, that you are within SOL for the suit to be filed, that they have "standing" i.e. are authorized under your State to bring this suit.

You can "settle" for a consent agreement, which may or may not work out for you, as frequently the CA lawyers go ahead and file the judgment anyway,or you can fight them in Court and take your chances.If you are in a State where a judgment will have little or no effect on you, you may wish to do this.


Follow Ups:



Post a Followup

Name:
E-Mail:

Subject:

Comments:

Optional Link URL:
Link Title:


[ Follow Ups ]   [ Post Followup ]   [ Credit Forum Index ]

 

    Top Of Page

  

Copyright © 1999-2003 Enkephalos Web Design