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    nikkitoney61's Avatar
    nikkitoney61 Posts: 24, Reputation: 1
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    #1

    Jan 26, 2007, 12:32 PM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 26, 2007, 02:05 PM
    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.
    nikkitoney61's Avatar
    nikkitoney61 Posts: 24, Reputation: 1
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    #3

    Jan 26, 2007, 04:07 PM
    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.
    nikkitoney61's Avatar
    nikkitoney61 Posts: 24, Reputation: 1
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    #4

    Jan 26, 2007, 05:22 PM
    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?
    chippers's Avatar
    chippers Posts: 440, Reputation: 88
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    #5

    Jan 26, 2007, 05:35 PM
    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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