[hami]

Hi everyone,
I received a summon for discover credit card from a law office. I appeared at the court and I have a trial date for November 08. I requested the law firm back in August to provide me with the full account # and a signed contract with the CC company, which they haven't. My question is can I still send a debt validation letter to the law firm even if they are suing me?

[indianwells]

Hami,

What state, what is the amount and are you familiar with the discovery process under civil rules of procedure?

[hami]

I am in VA and the amount is around 7K and I am not familiar with the discovery process.

Thank you,

[this8384]

Yes, you can still send a letter asking for validation. Good luck getting it though; I had a friend arguing with a collections company for over a month. He nearly missed the deadline to accept the settlement and even after he paid them, they didn't clear the account from his credit report as they promised to do. He had to write to the credit bureau, who very kindly removed it for him.

[indianwells]

I will check on some information for you, then get back to you.

[hami]

Hi everyone,
I do appriciate for any information you can give me. Sorry I didn't reply quiker, my internate was acting crazy.
Thank you,

[mr.yet]

If the fail to validicat the alleged debt, go to the hearing an state so for the record at the hearing. Than say, I cannot admit or deny the alleged debt do to the failure of the plaintiff to valdicate it, I hereby move the court to dismiss the action with prejudice." I they present anything to the court, at the hearing ask for a continuance to review the information provided. The court should grant it , but be sure to protest it the don't. One other inportant note, if the plainitff is not at the hearing move to dismiss the claim, since you do have the right to cross- examine the plaintiff, the right to face them.

[hami]

The court did provide me a Grounds of Defense form to answer and file to the court, but the court didn't request the plaintiff's to file a Bill of Particulars. I am not sure what to put on the GOD since I don't have any BOP from the plaintiff's and the court didn't request them to submitt one. Do you have any advice how to respond to this? If I don't respond and file it with the court, they are going to give them judgmet.

Thanks for your help!

[ScottGem]

Basically, you send the plaintiff's a request for validation of the debt. If they do not provide one, then you go to your hearing and request a dismissal because they have not validated the debt.