Live in California. I was not properly served the summons and complaint. One of my creditor's gave a summons and complaint to my mother. On July 4. I received it from my mother. How should I fight this?
I need buy as mush time as possible before filling bankruptcy unfortunately, my parents are involved in my credit card debts. I don't work, have less than $1 on my bank account. I have a substance amount of debt. I read something about a motion to vacate default order. Equifax shows delinquent 5/2003 and 4/2003. Experian shows delinquent 7/2003, and 6/2003. Please help.

live in California. I was not properly served the summons and complaint. One of my creditor's gave a summons and complaint to my mother. On july 4. i received it from my mother. How should i fight this?
I need buy as mush time as possible before filling bankruptcy unfortunately, my parents are involved in my credit card debts. I don't work, have less than $1 on my bank account. I have a substance amount of debt. I read something about a motion to vacate default order. Equifax shows delinquent 5/2003 and 4/2003. Experian shows delinquent 7/2003, and 6/2003. Please help.
First-i hope your user profile is not your real information... this can be tracked if you did use it. It is also stored in your computer memory that you are asking these questions...
Your parents can say you were out of town seeing other family or friends and you could not be reached to give you the message that someone served you. This process should have not been done on the 4th of July.

You can file motion to dismiss, for improper service of summons, it will buy time nothing more.

Have they been granted a default judgment? If so file Motion to vacate for improper service. Again will only buy you some time

End

The SOL for California is 4 years, at least that is what I read. I have a NON-APPEARANCE CASE MANAGEMENT REVIEW SCHEDULED for a future date. I don't know what that is.
Also there is still the inconsistency of Equifax shows delinquent 5/2003 and 4/2003. Experian shows delinquent 7/2003, and 6/2003. If Equifax is right, the SOL expired, since the 4 years has passed. The summons states that is was delivered 6/28. What are my options?

Wait I'm confused, are your parents listed on the account that is on collection now? Or by involved did you mean they just know of it?

They are not on the account.

Why do you need to "buy more time before filing bankruptcy" The new bankruptcy laws are very srtict and you will have to do a means test to see if you can file Chapter 7or 13
And once you file you have to give them all information

I work a two week period this year and previously haven't work for 6 years or so. I have been on government aide for many years. I was recently canceled because my son reached the required age of 19. I don't have any real property, savings, stocks, bonds, or etc. I have one bank account totally no more than $1.00. I have been postponing filing my first bankruptcy because my father is attached in one of my credit cards. My father's only income is social secuity and his pension. I do have a susbstancial amount of credit card debt, nothing else. I was informed from my previous bankruptcy attorney, I don't need to pay, if I file. Unfortunetley, he required full payment before filling, and all I can afford is $5 or $10 here and there. I spoke to him on July 5, to my surprise he said he was no longer my attorney.

First, please do not ask questions via PMs. You can PM a link to a public post if you want someone specific to take a look at it.

Are you saying that when your parents finally gave you the summons, the time to respond had ended? If not, file your motion to defend. If it has, file a motion to quash based on improper service. Once you get a new hearing, you can request validation of the debt to determine whether the SOL expired or not.

The time has not yet lapsed. I called the court, they never heard of motion to defend. Can it be called something else. The clerk was no help.

Intent to defend. The summons shoiuld give you instructions or just tell the clerk that you received a summons and intend to defend against it so you want a court hearing.

Thank you for your response. The SOL for California is 4 years. I have an option to file a Dismissal of Complaint, or file and answer (at least that is what I come to believe). Which one is use to fight SOL? Also, where and when Do I need to file a debt validation? Do I include that in the answer or Dismissal of Complaint?

You can file a dismissal on the grounds that the SOL has expired. At the same time you can file a motion for discovery to obtain proofs of the debt.

Thanks to everyone who helped me. I really, really appreciate it. You guys are the best!:D

Have been in credit card debt for over 10 years. My father is linked to one of my current cards, so I just keep paying. There were several credit cards that I stopped paying 4 years ago, more or less. I'm doing everything I can not to file bankruptcy. If I file, I want it to go smoothly, I wait. I filed a response today , and really soon have to do a debt validation letter sent out to the Attorney of the creditor. What do I need to file with the court to do this?

To send a debt validation letter? You don't have to file anything with the court.

I can send a debt validation letter to the attorney representing the collection agency. How would the court know I send this letter? Do I just keep the receipt that this letter was mailed until my hearing? Thank you for your response

You send it certified and keep a copy with the receipt.

What if the hearing is near and the collection agency still have provided no valid proof that the debt is yours... and use that as your defense in court and the judge grants in your favor.

Can the collection agency sue you again or what happens next?

I filed an answer, I sent out a certified validation letter to the opposing attorney, what's next?

Wait for a response

An attorney stated in regards to validating a debt as follows "Anything that shows you had the debt may be used as verification. So, an affidavit or a credit card statement would work. Those may not be admissible in trial, but they are verification under the FDCPA".
What does that mean in court? Are the creditors required or no required to have my signature to win?

No contract, no claim. If must have your signature on it. How can they claim if yours without the contract? They cannot and they know it.

There is attorney that states "They could use testimony or other documents to prove the existence of the contract."

But they have to show you the proofs before trial so you can prepare to refute them. Generally the court will require a copy of the contract.

"I have no recall of this alleged debt, show me the contract to refresh my memory"

SO, they will have to produce a contract with a signature to show they have a claim.

What would be a validation letter to the original credit card company? I'm looking for a more simple letter than that of Request to Original Creditor to Verify a Debt (http://www.creditinfocenter.com/forms/sampleletter17.shtml)
Any response would be appreciated

Send this the attorney who represents the Debt Collector:

DEBT COLLECTOR DISCLOSURE STATEMENT

This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above in Offer of Performance. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
1.Name of Debt Collector: ……………………………………………………………….……………………………………………...
2.Address of Debt Collector: ……………………………………………….…………………………….. …………………………….
3.Name of alleged Debtor: ………………………………………………………….. ………………………………………………….
4.Address of alleged Debtor: ……………….……………………………………... …………………………………………………...
5.Alleged Account Number: ……….. …………... ……………………………………………………………………………………...
6.Alleged debt owed: $………………………………….…………………………………………………….. ………………………...
7.Date alleged debt became payable: ……... …………………………….……….. …………….. ….. ……………………………….
8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
…………………………………………………………………………………………………………………………
9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
YES NO
10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
11.If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
Date: …………………………………………………… Amount: $…………………………………………….. ……………………
12. Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
13.If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
Date: …………………………………………………… Amount: $…………………………………………….. ……………………
14. Regarding this alleged account, Debt Collector is currently the:
Owner; (b) Assignee; (c) Other – explain: …………………………………………………….… .
…………………………………………………………………………………………………………………………
15. What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

16.If applicable, transfer of rights re this alleged account was executed by the following method:
(a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………... ……………
... ………………………………………………………………………………………... ……………………
17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….……….. …………
………………………………………………………………………………………... …………………………………………………………………………………………………………………………………… ……... ……………
19.If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
YES NO N/A
20. What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...
…………………………………………………………………………………………………………………………
21. If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
22.What is the nature and cause of any consent cited in #21 above? ………………………………………………………………

23.Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
24.Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………...
25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
26.Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
27.Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……... …………………………………….
…………………………………………………………………………………………………………………………
29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
30. What is the nature and cause of any products/services cited above in # 29? …….……………………………………………
…………………………………………………………………………………... ……………………………... ……
31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO
32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ……………………………….
…………………………………………………………………………………... ……………………………... ……
33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………... ……………………………... ……
35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………
37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

Debt Collector's failure, both intentional and otherwise, to complete/answer points “1” through “44” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief.

____________________________________ ____________________________________
Date Printed name of Signatory

____________________________________ ____________________________________
Official Title of Signatory Authorized Signature for Debt Collector

Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.


Recording Requested by, and
When Recorded Return to:

Please help. I am confused. I sent out a Validation Debt Letter to the attorney via certified mail on 7-24-07. I just received 1) Request for Admission and 2) Demand for Production interrogatories from the attorney. Doesn't the attorney need to respond for my debt validation letter? How do I respond to interrogatories when the answer to the complaint was a denial? Does it require to be on pleading paper? Any response would be helpful? Thank you

Please help. I am confused. I sent out a Validation Debt Letter to the attorney via certified mail on 7-24-07. I just received 1) Request for Admission and 2) Demand for Production interrogatories from the attorney. Doesn't the attorney need to respond for my debt validation letter? How do I respond to interrogatories when the answer to the complaint was a denial? Does it require to be on pleading paper? Any response would be helpful? Thank you



Response is " I cannot either admit or deny until validiciation of the alleged debt provide by the plaintiff. I have no recall of this matter."

Thank you Mr Yet.
Is that the response to the interrogatories? What form should I use?

Thank you Mr Yet.
Is that the response to the interrogatories? What form should I use?


Yes , how can you answer their interrogatories when they have fail to validicate the alleged debt, your answers would be incomplete

It's official the attorney has now failed to respond to my debt validation letter. An attorney from California stated "You should respond to all discovery. Even if you sent a validation letter, unless you follow the protocal set by the legislature or rules of court, you may run into problems". I have no choice but to respond to the interrogatories.

mr.yet I agree with you, the answers would be incomplete, but I will respond in the manner you suggested. The interrogatories require very personal information, driver's license number, year of expiration, last 4 years of employment, etc.,. It doesn't seem right. I send them a validation letter and they respond by sending me interrogatories.. so much for the plaintiff to prove his case. Any response would be appreciated. Thanks

File you own discovery against the plaintiff, use the most important questions from the Validication letter. File them now.

Ask for their request, you will have to decide when and how you will answer.

I personally would answer each questions like this" I have no recall of the alleged matter." I have no recall of the alleged matter since no validcation has been received by the plaintiff in their alleged claim."

But that is me, and I would make to file to a Motion to Comple against me, and I would do the same against them.

Sent them your own discovery request now.

I want to thank eveyone who has helped me. Thank you. I have my trial date set for this Friday, March 7. I want to be totally prepared and would appreciate any final advice. Here is a quick summary: I am being sued by a creditor. I sent out a debt validation letter via certified mail and received no response (a violation of the FDCPA). I've only received interrogatories with a statement that is showing late fees and overdraft fees that are within the statutue of limitation for California (4 years). It doesn't show a payment or any charges within the statutue of limitations. I will bring the debt validation letter and all interogatories that were sent and received. What do I need to say in court? Any and all comments or advice will be more than appreciated. Thank you

You start with pointing out to the judge that your request for verification was ignored and ask for a dismissal.

The judge ask "what is a debt validation letter"? Are you kidding me??

Ok, so I go to court armed with case law, my debt validation letter, interrogatories to and from the creditor. I thought I was ready, boy I was surprised . The creditor says no more than two words and the whole case was based on what I had to say to the judge (so much for the plaintiff having the burden of proof). When the judge asked what is a debt validation letter, my jaw hit the floor. My advice is to everyone who is being sued by a creditor. Do your research and bring everything to court. File everything you can, and be prepared for the judge may or may not know what you are talking about. Be prepared to teach the judge about FDCPA (Federal Debt Collection Practice Act), etc. What the creditors can, and can not do. The are a lot of creditors that would try to get money from you at any cost. Be armed and fight.
Thank you for all who has helped me... Thank you.
F.Y.I. The judge said she was going to give her decision by mail. Today, I got my answer. I DID WIN!!

Good advice to do your homework. Small claims judges may not be lawyers but administrators. I suspect, though, she was playing dumb to make sure you had done your homework.