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Validation of Debt

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teambusse2

Junior Member
What is the name of your state? Wisconsin

Can I request a validation of debt after I went to the initial court hearing, they scheduled the next court hearing for 6/20/05. Here is my situation(In case my reply to mommiedearest wasn't seen):

The cc company is Direct Merchants Bank and it's collection agency. The agency I am dealing with through DMB is located in Wisconsin , assuming since that is where I reside. I had my first court hearing for them and they just sent some local lawyer there to see if I would show up and dispute it. Which I did. My cc that they are trying to collect from was a secured cc. I opened it back in 1997 and they issued me a unsecured card after I had good standing with them for a year. My last payment on the unsecured cc was 4/7/00. I spoke with DMB and they stated that they don't have any records of me oweing them any money and they show my unsecured card as paid in full and closed at my request. They sent me a letter stating this. So I sent the collection agency a copy but they are still taking me to court. DMB also disputed the debt and had it removed from my credit report as of thrusday this week, the day I went to court I received a copy from Transunion. So I am unsure of how this will all end up but it has been very frustrating and taught me a lesson on keeping everything, paper files! I asked the collection agency to send me a copy of the bill or something showing that I owed the debt and they said no, we will take you to court before we do that. So I said ok, I am not paying on a debt that I do not owe. I am very afraid that even with everything that I have a judgement will be in their favor. Anyone have any suggestions for me on this? What more can I do?
 


MommieDearest

Junior Member
Unfortunately since I am going through the same garbage with DMB - I don't really have any advice except to say that your evidence from DMB and Transunion is pretty sound. I can't imagine that in the face of all that evidence - they could have much of a case against you.

What a pain in the neck for you though - I am just hoping and praying that my dispute is taken care of and they don't serve me papers. I am getting ready to move out of state, trying to graduate, find a job and sell my house all at the same time. I really don't have time for DMB's reindeer games.

I, too, have learned my lesson on keeping paperwork. I foolishly shredded my 0 balance statements from DMB after I hadn't heard from them for over a year. What I wouldn't give to have that piece of paper back.

Good Luck - I hope it works out for you, keep me posted on your progress!
 

teambusse2

Junior Member
mommiedearest

Thank you I sure hope it all goes away as well!

It is so frustrating to work with the collection agency who do not think twice about breaking a person down to get whatever nickel they can. I hope that you can work this out without going to court with these people. When I responded to the collection agency in writing I mailed it out certified mail and the attorney and judge seem shocked that I had the paper trail I had, which is small but being the first person to show up after 30 people ahead of me did not it looked good. They made copies of the letter and were going to respond to the collection agency to see if they would want to proceed.

Again I hope it works out smoothly for you, I will keep in touch with what happens with my issue, please let me know what happens with yours.
 

Ladynred

Senior Member
the collection agency who do not think twice about breaking a person down to get whatever nickel they can.
THAT is what a collection agency is all about - getting their money, even if they have to grind you into the dirt to get it and they do NOT care that they MIGHT be wrong !

You have adequate proof to show a judge that you do NOT owe any debt and that this collection agency is WRONG. Its a little late to ask for validation, BUT, you CAN ask for Discovery through the court, it is your right. In Discovery, you ask them to produce proof, documents, lots of documents, so you can see what it is they THINK they have.

I think your letter is enough, just go to court and when the judge asks if its your debt, you say no, and you give him/her a copy of your letter.
 

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