[hipncash]

Zwicker has sued me for alleged debt and I am representing myself in Michigan in court. The details are as follows.

I have only received one demand letter from them dated December 26, 2006. The letter did not provide any information that is required by the Fair Debt Collections Act to dispute the debt within 30 days. Zwicker then proceeded to take me to court for the alleged debt. By them taking me to court I also filed a countersuit against them for violations of the Fair Debt Collections Act.

After submitting the debt validation letter to Zwicker and the court on September 11, 2007, we met on October 26, 2007 at the court. The judge stated Zwicker must provide debt validation within 14 days which would have been the 7th of November 2007. They did not.

On November 15th I also submitted a Sworn Denial letter to the court and Zwicker. Zwicker responded back to the court and myself stating the sworn denial letter was a debt validation letter and that it was invalid because if I do not dispute the debt within 30 days from their demand letter dated December 26, 2007, then I am responsible for the debt. We are to meet next on December 3, 2007. Is this accurate? Can debt be disputed after 30 days from the initial demand letter? Is a Sworn Denail separate from a debt validation letter? If possible do you have anything from the FDCPA that can be referenced or anything else for that matter that invalidates their claim.

Please ask if you need anything else. Thank you in advance as well my friends. Your information is greatly appreciated.

Have a great day! : )

[ScottGem]

What did the demand letter say and what, if any, response did you give?

You stated the judge gave them until 11/7 to provide debt validation. On 11/8 I would have submitted a request for dismissal with prejudice. I would wait for the 12/3 I would submit the motion immediately. I would not have bothered with the swortn denial at that point. The sworn denial is a useful tool PRIOR to the court hearing. But since the judge ordered them to produce validation by x date and they failed you should go right to the motion to dismiss. If the judge won't entertain that motion prior to 12/3, then as soon as you are called to the case on 12/3 you submit that motion.

{Note: Link to previous thread: https://www.askmehelpdesk.com/small-...rt-145251.html}

{Second Note: Please do not cross post. One post in the appropriate forum is sufficient}

[hipncash]

Thank you Scott for your response! It is much appreciated! : )

Now how would I word and submit a request for dismissal with prejudice? I could send it my mail right now correct?

The demand letter dated December 26, 2006, stating the following:

This office has been retained by the above-related client to assist it in the collection of the funds you owe on the above-listed account. As of the date of this letter, the balance on your accout is --------. Your balance may include additional charges, as applied at the direction of our client, if said charges are premissible in accordance with the terms of your agreement.

As stated in our previous letter, it is our hope that you will take this opportunity to contact our office concerning this matter. Again, our client seeks an amicable resolution to this situation, and this firm's objective is to work cooperatively with you to achieve such a resolution.

As of this time, you have failed to make satisfactory payment arrangements with this office. We request that you contact ------, one of our non-attorney account managers to discuss such arrangements.

This letter was created following a limited review of your account data, and thus far no attorney has conducted any meaningful review of the circumstances of your specific account.

--------------------

Funny thing is they never sent a letter prior to this. Below is the response I provided on September 11. The debt validation letter is as follows:

To Whom It May Concern:

I am writing to give you notice under the Fair Debt Collection Practices Act that I dispute the above-referenced debt and request that you verify it. I also request that you provide me with the name and address of the original creditor and copies of all documents that pertain to the above-referenced account and the alleged debt.

This letter shall also serve as a reminder that you must cease collection of the debt, or any disputed portion thereof, until you obtain verification of the debt and the name and address of the original creditor and mail that information to me.

Thank you for your prompt attention to this matter.
-------------------

Please ask if you have any further questions. Thank you my friend! : )

[ScottGem]

Ok, since the demand letter gives no time frame, they can't claim you gave up any rights.

As far as the dismissal petition I would check with the court for format, but if its small claims court you can be less formal. Something like:

Whereas, Zwicker was ordered by the court to produce validation of the debt within 14 days ;

Whereas, Zwicker failed to provide the requested validation before the due date or since;

I move that the lawsuit <insert details of suit> be dismissed with prejudice.

[hipncash]

Upon me last sending them the sworn denial they did also submit billing statements for the alleged debt to the court and me on November 16th. Does this change anything?

[ScottGem]

Well it changes the second Whereas, leave out the or since. Since they failed to meet the deadline, you should still give the dismissal a shot.

Also Billing statements don't verify that you contracted for the debt only that the debt exists. So if the judge doesn't grant your dismissal, when you go back before him, you still want to move for a dismissal on the grounds that they haven't produced proof that you contracted for the debt.

[hipncash]

Can I add something related to this in my request for dismissal letter?

Man you truly are an angel among us my friend! May you obtain in life all that you most desire! Thank you 1 millions times! : )

[ScottGem]

Can I add something related to this in my request for dismissal letter?

I'm sorry, I'm not sure what you mean; related by what?

The request for dismissal should be based solely on the grounds that they were ordered to produce the records by 11/7 and failed to do so. Had you filed this immediately, you might have gotten it without a problem. Now, since they have provided some form of verification, even if its insufficient, the judge may not grant the dismissal. So you will need to bring another motion for dismissal on the second grounds.

[hipncash]

We are all good my friend. Thank you again! : )

Apparently upon talking to the clerk at the courthouse the judge will not allow the billing statements as evidence due to it not being provided by November 7th. So I guess this should help me as well... : )

[hipncash]

Genuinely shows he wants to help. Knowledgeable.