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    MMJ2008's Avatar
    MMJ2008 Posts: 3, Reputation: 1
    New Member
     
    #1

    Oct 3, 2009, 10:06 AM
    I replied to summons from debt collector--now what?
    I received a summons from a debt collector which I replied to. They claim to be collecting on behalf of Beneficial. After I replied, they sent me something called "Exhibit A" which they intend to use as evidence against me which is some kind of a print out. There is no proof that they are legally entitled to collect the debt. Should I send a debt validation letter before the hearing date?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 3, 2009, 10:22 AM

    Did you reply to the collector or the court? If you received aq summons issued by a court you need to respond to the court stating your Intent to Defend.

    You then send a copy of that letter to the plaintiff asking for Verification of the debt and their right to collect on it.
    DisabledinMD's Avatar
    DisabledinMD Posts: 68, Reputation: 0
    Junior Member
     
    #3

    Oct 3, 2009, 08:26 PM

    See this thread: https://www.askmehelpdesk.com/bankru...ve-400519.html in regards to a letter which explains why those printouts don't substitute for verification/validation. You can even send a copy with your validation request. See my thread about a MD Specific case for a template by mr yet for a Debt Collector Disclosure Statement. You might want to C&P that into a word processor and reformat it, tailor it to your case, and send them that too.

    I got an "Exhibit A" and a "Exhibit B" from my JDB too. One was a bill of sale from Chase to a debt buying clearinghouse. The other was a bill of sale from the clearinghouse to the JDB. Attached were a few printouts of account statements. If what you got was similar, that's not proper proof. As ScottGem said, return your notice to the court, if you got a court summons, and a copy to the JDB/Plaintiff with your validation request.

    If you don't have a template for the validation letter, I posted what I developed for review by mr yet in my MD Specific thread. He approved of it. Feel free to C&P it into your word processor. You will need to remove the references to MD law licensing requirements in it, and replace with your own states' requirements, if you know what they are. Otherwise, leave without citations. Send it with the letter mentioned above attached to it.

    Be sure to send a notarized Certifiicate of Service to the court of any correspondance you send the JDB/Plaintiff, if you were summoned. If your Court requires, send a notarized copy to them (My state doesn't require notary, and it doesn't require it for Notice to Defend). Send it Certified Mail Return-Recept Requested. Anything you send to the JDB/Plaintiff should be sent this way, so that you have a record of sending it. You can either mail-in court documents, or deliver in person.

    Just about any questions you have regarding the process, has most likely been answered in this forum, so feel free to search for advice and ideas. I found most of my questions already answered, so had little to actually post.

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