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    theworkingpoor's Avatar
    theworkingpoor Posts: 3, Reputation: 1
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    #1

    Feb 7, 2011, 05:36 PM
    What to do about a debt collector summons with insufficient validation of debt?
    I have an old debt ( 2004-2005) that I am being sued for by an attorney hired by the debt collection agency. I sent my validation of debt letter first thing ( before any summons was sent to me). I received a letter on the attorney letterhead putling my debt and a few computer print outs. I sent another letter right away stating that this was not sufficient validation of debt and that I would like to request the full account history as well as the contract that states XYZ legally owns and is entitled to attempt collection of my debt.

    About 3 days after sending this I received a summons to appear in court. Looks like it was Filed January 26- the same day they sent me these so called "print outs". Im scared to death, I feel like I'm being bullied, and I just want the documentation that I requested so that I can see exactly what is going on before I agree to ANY settlement conditions.

    This is New York City. The collection agency is based in Georgia from what I can see on the docket.

    Can someone please advise me on what my immediate next steps are. I can't afford an attorney.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Feb 7, 2011, 05:40 PM

    You got a summons... its already going to court unless you settle beforehand and pay them.

    I don't see how you have much choice. Go in without an attourney... and you are essentually handing them an easy win. And you are STILL going to have to pay them.
    theworkingpoor's Avatar
    theworkingpoor Posts: 3, Reputation: 1
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    #3

    Feb 7, 2011, 06:19 PM
    Comment on smoothy's post
    Isn't there a way I can file for this suit to be dismissed due to insufficient validation of debt. Once I get the paperwork I requested from them I can see if they a. own the debt and b. what they paid for the debt and then strike a settlement. I have cash to settle- but I want to see the proof.

    I'm also planning on filing a complaint against them and countersuing for 1,000 for continuing to harass me without providing proof of debt. I've googled this law firm. They have had so many violations (one currently in court) against them that have no ruled in their favor. There must be a way for me to handle this without paying for an attorney that I can't afford on top of a settlement?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #4

    Feb 7, 2011, 06:35 PM

    You are going to need a lawyer to do it... and then you are going to have to prove to the court that it actually is insufficient proof or its not going to get dismissed.

    They only have to provide sufficient proof to the court the debt is real and valid... not to convince you.

    You can try the cheap way out... but 99.99% odds are its going to end up with a judgement against you and a writ of garnishment.

    Or you can hire a lawyer and improve your odds.

    They have a lawyer... who is intimately familiar with this segment of the legal code... and then there is you. If this goes in front of a judge who do you think is going to win? And the Judge will follow the legal code as well.

    You plan on hiring a lawyer for the countersuit as well? Or plan to do that on your own?

    Just being honest and realistic here... they hold all the cards... and if you try to bluff them they will just call your hand in court.

    You are not going to win a legal argument in front of a judge against a lawyer...

    After all the law determines what is considered a sufficient validation of debt... not the debtor. A lawyer for example could tell you that IS or ISN'T sufficient validation. You will then know what is typical validation consists of and what's required as an example... for sure.

    And if you are so sure its not... then let them take you to court and lose on that basis. Then you would be free of them.

    Why would you settle now if you are so sure. You either owe the debt or you don't.

    The judge is going to make them meet the standard of proof for the debt. They either can, or can't.
    theworkingpoor's Avatar
    theworkingpoor Posts: 3, Reputation: 1
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    #5

    Feb 7, 2011, 06:42 PM
    What would you suggest if I decide to settle the debt? What percentage is realistic to offer them with the chance of making this go away?

    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #6

    Feb 7, 2011, 07:02 PM
    Quote Originally Posted by theworkingpoor View Post
    what would you suggest if i decide to settle the debt? what percentage is realistic to offer them with the chance of making this go away?
    Whatever they are going to agree to... short of the full amount. Hard to guess what they will or won't be happy with. And how long you have to negotiate before the court date. You can start at 50% and they will work up from there... but if the court date is close... you may want to start higher than that. ANd if you come to an agrement... its got to be in writing... and you better verify the case was dropped before the actual date.

    Again... a lawyer will know what language to have and how it should be worded. ANd you don't hand over any money without the proper documents worded the right way. If its not... they can say its just a down payment on the debt.


    Because after all, if you lose in front of a judge it's the full amount plus court costs. And they can garish your assets for it

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