[momofthreehelp]

Hello,
I am new here and I am very grateful on some expert advice that help a lot on my credit card debt... I'll make it simple.I was summoned by a collection agency or/ lawyer and I answered them back,learned from this site to ask for debt validationin writing . Now this is what I face

1.Can the collection agency charge me for request of debt validation papers, etc, they gave me 15 days to respond, it said 15cents per page+ 25.00 delivery charge + some percentage for year for copies requested, they hired a photocopy services . Should I sign the bottom?? I thought it is free from section 809(b) of federal trade , if I pay can the judge reverse the payment because they were in violation? But what if I signed it? Should I send it back with the law regarding section 809(b) with no signature??
2. The credit card I have is for hsbc opened in 1999 (as it said on the papers I'm requesting)I know it was a diff. owner before now , the statute of limitation in California is 7 years, correct me please, now I entered to a debt cosolidating in July 2002 all my credit card including this acct, but in December 2002 ,I lapsed in payment and closed the acct from them in feb 2003 for no payment, my question is the SOL ""was renwewed"" when I tried to pay them in 2002, they can take me to court, because the new SOL IS 2002,? PLEASE HELP ME, I'm a single mom of three Twins and a boy , trying to do it by myself can't afford a lawyer,

[mr.yet]

NO they can not charge you for validication of any alleged debt, they must provide it. Do you have that in writng , if so keep and take it to the court hearing.
If they a attempting to charge you for validication make should you tell the judge.


File Notice of Intent to Defend, this will set a hearing

[ScottGem]

Any attempt to pay could cause there SOL period to restart,

[momofthreehelp]

Hi, the debt validation is due in 3 days, on the form I have to sign the bottom, should I send it unsigned?? the debt validation form is important ,they said if I don't reply it means I don't need the forms, thanks

[momofthreehelp]

Ok I've been studying I found these,

Statute of limitation California
Written agreements: 4 years, calculated from the date of breach.

Oral agreements: 2 years.

The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.

My question My last default payment was in 2002 and its 2007, anybody? Thanks
Oh by the way I sent the collection agency a letter inquiring if its by law to charge fees for doumentation ( debt validation) look at the sample below


Xxxxxxxxxxxxxxxxxxplaintiff
Their address
Their city and state
Vs.
Xxxxxxxxxxxxxxxx defendant me

Case #



To whom it may concern:


This is not a refusal to pay fees for copies of debt:

Is it right for a debt collector to charge for copies of the documentation of indebtedness?
If by law I am suppose to pay a third party US Photocopy Services to provide a subpoena and collect copies, for debt verification , please respond to this letter promptly so I can sign and forms be sent before "this month ,2007.



Thank you ,
Jhon doe 8-2-2007

And also I learn make all mail certified so you can use it against them in court, I also learned that the collection agency was supposed to supply me W/in 30 days a debt validation, section 809(a) so I can in writing demand validation,? I never received any letter pertaining to that,, I just received a summons .I'm not going to be afraid although the court house kind of creeps me uggghhhh all these lawyers,, I found a great site to help you
Fight straight from an attorney!! check it out
http://www.attorney-in-alabama.com/not-pay-debt/html

[momofthreehelp]

Oh by the way when you reach his site go to faQ then you'll see , how to beat a collection lawsuit 4 steps go there, I'm going to use his advice, this is on your own, this is an advice,I'm not liable for other legal matter you do, so please check it out .

[momofthreehelp]

Update ; response from collection co. for charging $ for copies for debt verification\

Re: --------- LLC CO VS. DEFENDANT ME:

THIS IS AN ATTEMPT TO COLLECT DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE .

So Please read this , it could be useful,,
I will update time until copies received,,


Dear miss defendant me,

In response to your August 2, 2007 letter ( look above ) Please be advised that "we will provide you with copies of any and all documents recieved in response to the subpoena on" Credit card co. name etc.. "without cahrge to you as soon as we receive them... etc,
Name Collection co,

By: name name
Usually an esq. atttorney

[mr.yet]

It appears they are stalling, so take all the documents to the hearing, and move to dismiss they claim with prejudice, for failure to validicate the alleged debt.

They know they must validicate the alleged debt without charge to you.


Remember this at the hearing, no contract, no claim, also no plaintiff, no case, attorney cannot testify for their client, not in brief or orally. Hearsay. THe only have he can testify is if he has first hand knowledge and is under oath.

[ScottGem]

You have one the first battle of this war, they are admitting they shouldn't charge for any documents relating to the subpeona.

I so need to qualify one thing Mr Yet said. Sometimes, the attorney is a paid employee of the creditor. In such a case they can testify for the creditor.

[momofthreehelp]

Ok, back again,, they sent me an envelope full of goodies8-14-07

1. Case management statement:set to meet @ their office with tangible documents
2.Request for admissions, set one,,
3.Interrogatories Like 3 pages of name, birth,if I smoke, tec
4.Request for production and tangible things; like my records of bills orig. contract etc...


OK on # 2 there are 3 questions;
1.Admit that you executed to" bank co, "with acct 3xxxxxxxxxxxxx a written agreement.
2. Admit that you have not paid you" bank acct since aug year.
3Admit that you owe $$$$$$$$$$$$$$$$$$, plus interest that continues to acrue due and owing under " bank " acct ##########3

I will get back with you as further more studies for me, any sggestions will help, I'll try to ask my aunt who who's a paralegal, she works @ a lawfirm,,

[ScottGem]

I would NOT admit to anything unless they have provided proof.

[momofthreehelp]

Hi,
I'm posting now to post some actions, from last post.Ok They sent me a packet as explained above and I answered .I took scott gems advice NO to all admittance questionnaire,all the rest I filled by myself. And sent before deadline. Now it still have not receive any debt verification proof from them as they requested it fro me on August 9, 2007. Now I receive a court date for October 24, 2007, for trial. But I still have not received any debt verification... What am I going to plead in court?? Im waiting for a legal response from just answer.com/legal , it is lawyers who response to the questionnaire,,
15 dollars a question ,I could decline the answer and not be charged for it,, I'm kind of not really nervous because whatever happens , I gave them the hardest time ever, ill post the question and answer from that site, so I can help you guys for free... I should receive answer in 2-5 days,,

[ScottGem]

When did you send the request for verification? Did you give them a time limit?

[momofthreehelp]

Hey scott gem,, They sent me a note,explaining on August 9 2007, that I don't have to pay for debt verification and they will request it for me for free. I did not give them a time limit response. But in trial if still did not receive the debt verification, its either I ask for dismissal because they cannot provide me itemized credit account history late charges,, atty fees>>>how they calculated anything from what, well see,,

[momofthreehelp]

Fallow up ,I received a packet of "what it seemed to look like a thick 40 pageof c.c statements (like what we get each month, bill )
Photocopied , no original contract , no signature of me, no calculations of fees , no transfer of ownwership , since it's a charge off account an old one, 1999, I am so confused now , no original signature , I don't know what to request at court @ the 24th
That which is this is not the validation I requested?? Motion to dismiss?? I'll be back

[ScottGem]

All you got was a record of the account, but no proof that it was your account. Yes you can move to dismiss with prejudice since they have not provided verification of the debt as required.

[momofthreehelp]

Hello again ,
Some updates.I went to court on wed the 24, I came in court clerk ask for name add. Tel on a piece of paper. The atty, then asked me if we can go outside and talk, basically she said that they are ready for court and is asking me if I want to settle. She handed me a copy I guess of prepared thick copy of evidence etc. I told them I cannot settle since you guys have not sent me the original signed contract she said she subpoenad the cc co. and they only sent bank statements. She said basically we can prove this is your acct. because you have records of payment and transaction on the address stated and the bills(statement) is enough to convince the judge, she said they are licensed and she has the breakdown of orig. fees % court fees, atty fees interest fees,, I then told her this is all new to me I'm going to need more time, you have not sent this to me when I requested this info on August 4, She said they were ready to fight but I could ask the judge for continuance its up to him to gant it or not. When my case was called I simply ask the judge to please give me a continuance for the reason that I am not ready and that I received all these new evidence that up against and that I'm not reay to go forth, he garnted me a 30 day nov 26 new date set. Now I feel like they can argue that the bills is enough to prove that its my debt because of my payments etc. I have to find something that will throw that off and to argue that I need an orig contract... I'll be back

[ScottGem]

No, All that have is a record that SOMEONE made payments. What proof do they have that YOU made those payments? See if you can ask the court clerk whether they need to show the original contract or not. Then go from there.

[momofthreehelp]

Hello,
Im going to court 11-26 .all I have to fight right now is for discovery and credibility of the billing info... Hey scott gem guess what, as I was looking through all the thick billing pages that they sent me notarized signed by the records keeper org. creditor they included 2 billing pages not of my name, I was like wow I found a small loophole I can attack the atty. And the credibility of the records keeper, for which I could file for discovery and maybe ask for dismissal, I inquire from an atty, he advised that I ask for discovery and that gives the plaintiff 30 days to produce it, their credibility is hurt by a bad records keeping , I hope the judge allows this and grant me discovery, we'll see,, wish me luck goodnite, I'll post asap what happens, I need to sleep good tomorrow night, win or lose I gave all my best,