I have sent 2 valaditation letters to an attorney who is representing a collection agency which operates as a francise. He did not valaditate the debt... I have copys of the letters the validation letters and a copy of the certified mailing receipt. After the second letter and after 30 days a sherrif came to my door with a law suit from this attorney. What should I do to keep this attorney form getting a judgment on me. File an answer? Send him another letter? I have until Sept 21 to do something. Could some one with the knowledge (there are some very smart men in this help desk) please tell me what I need to do or how to handle this.
Thank you
MoonDust:confused:

File NOtice of Intent to defend with the court and send a copy to the attorney for the plaintiff.

After you file the notice send the attorney a discovery notice and demand the produce the original contract you signed, a complete account from the beginning of the alleged debt, request the SOL on this alleged debt.

If they fail to provide anything with discovery, File Motion to Compell discovery,

Part of your defense will be failure to validicate the alleged debt, now do not admit or deny anything until they provide you with the orioginal contract you signed, to compare signatures.

Mr. Yet,
I will go first thing Monday morning and file an intent to defend. Are the papers at the court to fill out? I sent the validation letters you have in this help desk is this what I am to send again to the Attorney who filed the suit?

On the summons you receive should be a part you can file with the court, if not send a notice to the court on plain paper, court name , palintiff name v defendant name and case # NOTICE OF INTENT TO DEFEND. now discovery to the attorney, limited the number of questions to about 7 or 8 questions.

Mr. Yet,
I will go first thing Monday morning and file an intent to defend. Are the papers at the court to fill out? I sent the validation letters you have in this help desk is this what I am to send again to the Attorney who filed the suit? Mr. Yet Thank You so much for you sharing your knowdlege.
MoonDust

Don't you have posted on this help desk in the vlidation letters the questions I need to ask?
MoonDust

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Originally Posted by MoonDust

Don't you have posted on this help desk in the vlidation letters the questions I need to ask?
MoonDust

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Yes, there is a validcation letter on the forum, but don't use that for discovery. You can pick out 7 or 8 questions and a I suggested earlier in the post.

Let us know how you are doing! I've just been through the same thing last month, so don't let them scare you! :D I know it takes some time and energy, but it's worth it. I have had a pretrial on 9/6 and am due for mediation on 9/25. If they are willing to break the law in an attempt to intimidate you, that indicates to me that they haven't got a thing to prove this is yours.

Don't forget, bringing forth a lawsuit after you have requested validation of the debt is illegal, as it is collection activity under the FDCPA. Sue those jerks in return!

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Originally Posted by Fighting_the_Deb

Let us know how you are doing!! I've just been through the same thing last month, so don't let them scare you! :D I know it takes some time and energy, but it's worth it. I have had a pretrial on 9/6 and am due for mediation on 9/25. If they are willing to break the law in an attempt to intimidate you, that indicates to me that they haven't got a thing to prove this is yours.

Don't forget, bringing forth a lawsuit after you have requested validation of the debt is illegal, as it is collection activity under the FDCPA. Sue those jerks in return!

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THANK YOU for the encouragment. It is very scar---ry. Iwent in the courthouse today and filed INTENDT TO DEFEND. Was not real sure I knew what I was doing but it worked. Mr. Yet told me to now do a DISCOVERY and send to the attorneys. These guys are sleize to the max. Are you going to sue your attorneys? I wonder if you have to get an attorney for that?
Thanks
MoonDust

AS for as I know I would check the SOL in your state for the debt you are talking about.:)