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What do I need to say in court? Trial on Friday March 7.
I have my trial date set for this Friday, March 7. I want to be totally prepared and would appreciate any final advice. Here is a quick summary: I am being sued by a creditor. I sent out a debt validation letter via certified mail and received no response (a violation of the FDCPA). I've only received interrogatories with a statement that is showing late fees and overdraft fees that are within the statutue of limitation for California (4 years). It doesn't show a payment or any charges within the statutue of limitations. I will bring the debt validation letter and all interogatories that were sent and received. What do I need to say in court? Any and all comments or advice will be more than appreciated. Thank you
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Plaintiff has fail to validicate the alleged debt as required by FDCPA, therefore I cannot admit or deny the alleged claim since plaintiff has failed to validicate it. I move for dismissal with prejudice.
ALso demand the produce the original contract you signed, if no contract, than they have no claim. |
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Hello,
I was wondering how your court date went? I think I'm getting ready to be sued also by a creditor and I'm afraid of bank seizure or anything like that. I missed the processor; therefore, I have not received my court papers. I'm sure they will make another attempt. |
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The judge ask "what is a debt validation letter"? Are you kidding me??
Ok, so I go to court armed with case law, my debt validation letter, interrogatories to and from the creditor. I thought I was ready, boy I was surprised . The creditor says no more than two words and the whole case was based on what I had to say to the judge (so much for the plaintiff having the burden of proof). When the judge asked what is a debt validation letter, my jaw hit the floor. My advice is to everyone who is being sued by a creditor. Do your research and bring everything to court. File everything you can, and be prepared for the judge may or may not know what you are talking about. Be prepared to teach the judge about FDCPA (Federal Debt Collection Practice Act), etc. What the creditors can, and can not do. The are a lot of creditors that would try to get money from you at any cost. Be armed and fight. Thank you for all who has helped me... Thank you. F.Y.I. The judge said she was going to give her decision by mail. Today, I got my answer. I DID WIN!! |
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