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OhDear8104 · May 28, 2008, 08:39 AM

I received a summons in Massachusetts for a CC debt. An answer was filed on time. A case management conference was scheduled for March 20th. I did NOT request validation of this debt. On March 12th and again on March 19th I made a settlement offer. I have proof of receipt of the offers. I didn't receive a response. On March 19th I spoke with the assigned attorney that informed me that his client rejected my offer and that his office (the Andover, Mass office of Harris & Dial) was set to close so my case would be continued. I called the court and confirmed that the case was continued and received a new date of May 29. In April, I received a letter for payment from another law firm (Howard Lee Schiff) regarding this debt. I sent a validation letter and received confirmation of receipt. To date, I haven't heard anything but the 30 days doesn't expire until June. I called the court to see if the case management was scheduled for tomorrow - it is. These are my questions:
Can a new law firm hold a date that was set up by another firm?
If so, can (or should) I get it continued until they validate the debt?
If it is not continued what happens tomorrow when I appear?
If the new law firm contends that it is working on behalf of the old law firm do my settlement offers still stand (I never received written rejection of the offers)? And what does that mean about my request for validation?
Thanks for any help.

ScottGem · May 28, 2008, 08:45 AM

Unless the plaintiff in the suit has changed, thern you are still dealing them. Its possible they merged or will amend the plaintiff at the hearing. But until that's done the new firm has no standing. Its also possible the suit will be dropped and a new suit filed by the new firm.

You ALWAYS want to see validation of the debt. This comprises two pieces, first is proof that you owe the debt, second is proof they have a right to collect it.

OhDear8104 · May 28, 2008, 08:56 AM

The plaintiff in the suit is listed as the CC company - that hasn't changed. So I guess I am still dealing with them - just through another representative. Should I contact the new firm and try to get the case continued until they provide validation?

ScottGem · May 28, 2008, 08:59 AM

No, if they are taking over the case as representative for ethe plaintiff and the hearing is still scheduled they should be prepared. If they don't have verification at the hearing, ask for a dismissal.