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jccmcc
Mar 29, 2008, 11:05 AM
I had been summoned to file an answer to court, which I did by sending a letter taken off the internet about having the debt validated, proof that sol had not run out. The debt was with fleet bank, went into arrears in1999, they have removed them from my credit reports, as last summer I got report, it was gone. This is a debt collector, stating they represent fleet on court papers. I went to court so I did not default and tols judge that I sent certified mail a request for validation, 2 months before, never sent to me. They had no validation at this point, I filed a motion to dismiss, still no validation, the judge gave them until pretrial to give validation or he would dismiss, so they sent me for validation a signature of my wife getting a something they sent in the mail last year 2007, The suit is on me only , but I thought they needed to send something signed by me that I agreed to pay this debt, I feel what they sent contradicted itself, its says on 1 line it was charged off on mar 2002, no payments on after that. Yet then they say there was payments made to a debt collecter other than them until nov.2002, it looks made up, they also recently put that debt collecter on my credit report saying it was open 2002 to 2004, it had a 0 balance, it just popped in the last month or so. I don't know how to prove, that the sol has run out, any suggestions? Is it possible to get old credit report from when this all started on 2000. Thanks, any help will be appreciated. Dan

Fr_Chuck
Mar 29, 2008, 12:03 PM
They have not proved validity of debt and have not supplied it. File for your motion to dismiss at pretrial. They have to prove the debt in court.

jccmcc
Mar 29, 2008, 04:16 PM
I had been summoned to file an answer to court, which I did by sending a letter taken off the internet about having the debt validated, proof that sol had not run out. The debt was with fleet bank, went into arrears in1999, they have removed them from my credit reports, as last summer i got report, it was gone. This is a debt collector, stating they represent fleet on court papers. I went to court so I did not default and tols judge that i sent certified mail a request for validation, 2 months before, never sent to me. They had no validation at this point, i filed a motion to dismiss, still no validation, the judge gave them until pretrial to give validation or he would dismiss, so they sent me for validation a signature of my wife getting a something they sent in the mail last year 2007, The suit is on me only , but I thought they needed to send something signed by me that i agreed to pay this debt, I feel what they sent contradicted itself, its says on 1 line it was charged off on mar 2002, no payments on after that. yet then they say there was payments made to a debt collecter other than them until nov.2002, it looks made up, they also recently put that debt collecter on my credit report saying it was open 2002 to 2004, it had a 0 balance, it just popped in the last month or so. I dont know how to prove, that the sol has run out, any suggestions? Is it possible to get old credit report from when this all started on 2000. thanks, any help will be appreciated. Dan
Thanks so much. Jc