Re: follow-up to CAK

Posted by CAK (66.140.213.140) on November 21, 2003 at 18:57:19:

In Reply to: Re: follow-up to CAK posted by WhyBother on November 21, 2003 at 03:15:29:

I send out a validation, limited C&D, dispute,& interrogatories all at once and only one time. I just sit back and wait for the mistakes to happen and use their mistakes to my benefit and leverage the account to a zero balance. They always violate the C&D at least one time sometimes twice. There's your leverage to wipe the slate clean. I also have never had one collection agency validate a debt. Once I have something on a CA that is verifiable, i.e., (Certified Mail) I am relentless until I get what I want. DELETION and agreement that account will not be sold or transferred. I have a Mutual Agreement just for this if you ever need it. I generally check in on this forum at least once a day.

Another trick I use is, I go aroung the CA and attempt validating the debt through the OC. By mere fact that they can't validate or won't, holds up well in court, if the CA takes you to court. That way you have shown that neither can validate.

If they serve you and take you to court without having validated the debt before court date, you will file a counter suit, attached to their suit, (this generally costs nothing) for violations to Sec. 809 (b), Sec. 807 (10) Sec. 808 (1) and hopefully Sec 805 (c). Along with the Counter Suit, also send them a set of Interrogatories, Request of Admissions and Request for Production of Documents. There also is supporting case law for your suit. The burden of proof would be on them to show that they did not violate those Sections and also to prove every last penny of the alleged debt.

In my opinion, you will have plenty of time to start your plan payments, if that is what you want. Please make sure your plan is in writing. It would not be good business for the CA to file a lawsuit against you at this time and they know it. Use this time to zero out your debt by what ever means you choose.

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