[Bera]

Hello all. First, I want to thank everyone here for helping me fight my battle against these savage debt collectors. I just returned from court this morning, where I met with the creditor for the 2nd time (The first time was when the judge vacated the judgment). I kept asking the attorney for the creditor why they didn't respond to my 3 validation letters that I had sent in the past 6 weeks, and he kept saying "we need more time" The judge sort of was taking my side, but he granted an adjournment for the plaintiff so that they have more time to answer my specific validation letter. Now my court date is on Tues 11/27/07 (more than 4 months from now?) The judge kept asking me if that was my debt, but I said no it is not. I personally believe the debt collector has absolutely no proof and is stalling, thinking that I'll possibly be afraid and possibly settle with them (NOT! )


Come November, and the collector still has no proof, can I ask the judge to throw the case out? If so, on what grounds? Thanks again for all your help! This site is the best!

[ScottGem]

Yes you can, on the grounds that they have not established that you incurred this debt.

However, I think you made a mistake absolutely denying the debt. What you should have said was; to the best of my recollection I did not incur this debt. If they can prove I did, then I will be willing to pay, but they have not given me any documentation even though I have repeatedly asked for it.

Now, if they do come up with proof the judge will remember that you totally denied the debt and may no longer have feelings of support for you. Too late now though to do anything about it.