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-   -   Debt validation after 30 day period to answer has expired (https://www.askmehelpdesk.com/showthread.php?t=57647)

  • Jan 26, 2007, 12:32 PM
    nikkitoney61
    Debt validation after 30 day period to answer has expired
    Is it worth my time to send the collection agency a letter to validate the debt since the 30 day window to respond to the court summons has gone by. I sent a form for them to validate to the court within the period, but they are claiming I never responded. I sure wish I would have stumbled on this website before the 30 days was over. They are wanting a 1400 dollar good faith payment before the end of January & I just don't have that kind of money. What can I do?
  • Jan 26, 2007, 02:05 PM
    ScottGem
    Was there a court date? Did you not respond to the court your Intention to Defend? Did you show up on the date?

    They may have won a default judgement against you. If so, when you need to find out where and file a motion to vacate. You need to get a new hearing where they have to produce a copy of the original contract with your signature.
  • Jan 26, 2007, 04:07 PM
    nikkitoney61
    NO court date, I did not know what to respond other than the debt validation form. Thanks for the info. I will file a motion to vacate.
  • Jan 26, 2007, 05:22 PM
    nikkitoney61
    Quote:

    Originally Posted by ScottGem
    Was there a court date? Did you not respond to the court your Intention to Defend? Did you show up on the date?

    They may have won a default judgement against you. If so, when you need to find out where and file a motion to vacate. You need to get a new hearing where they have to produce a copy of the original contract with your signature.

    No court date, I did respond with a form to validate the debt. Whom do I contact for a new hearing?
  • Jan 26, 2007, 05:35 PM
    chippers
    First, check out the website of the federal trade commission. Look up the fair credit and collections act. To see what your rights are.
    Have all communications done in writing including telling the agency no more phone calls. By law the must honor it if its in writing.
    Send all letters by return receipt requested. That way they can't say you never sent any thing.
    Also scott gem gave good advice.
    Keep copies of all correspondences from them and also from what you sent. And present everything to the court

    Also as a rule of thumb. If you get a court summons, I'd go because if you don't, the agency has an 88% chance of winning the judgement
    If you do owe the debt, the court can set up a fair payment arrangement and not 1400.00 good faith deposite.

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