Re: whychat/ladynred-motion to compel- please help

Posted by Rlee from OH (199.35.104.154) on December 15, 2003 at 00:57:51:

In Reply to: whychat/ladynred-motion to compel- please help posted by colleen on December 13, 2003 at 08:02:01:

You can file for bankruptcy before or after, I don't think it matters, other than you may end up with a judgement which will be discharged in the bankruptcy. If you have sent a valadation request and they have not responded, and you have proof green card (return receipt) then all collection action, including litigation must cease untill you receive proper valadation.
They are allowed ot sue, but if you asked for valadation prior to their law suit, then if they do not valadate then they run the risk of the law suit being dismissed.
You should show up, but I would only say that you have already responded to their?? and you are still waiting for valadation, glad to have the hearing but it is their turn to produce documents, and that according to FDCPA all collection action including litigation must cease untill they properly valadate the debt.
W & A have a record of not having the records to valadate.
Read over CAK answer again, so you are prepared if need be.

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