when to file a V/D

[panceta]

What is the name of your state? New York
Is it too late to file a D/V (validation letter ) after you have been sue and there is a judgement against you

[Ladynred]

Once you have a judgment against you its 'game over', you lost. They don't have to prove anything any more.

[hatemylife]

What if the collection agency tells you that they are planning on recommending to the creditor to file a judgment and you have until the end of the day (this happened to me today) to settle? Could I fax a validation letter to them today?
Thanks!

[Ladynred]

Is this the same one that already HAS the judgment or a different one ??

The bogus 'deadline' is a sure sign is a desparate collector trying to push you to pay to make their monthly quotas on the last day of the month. They are ssoooooooo full of crap its not even funny.

They can NOT just 'file a judgment' that's ridiculous, so you know right there that they're just turning the screws on you. They would have to hire a local lawyer to file a lawsuit against you and go thru the WHOLE legal process .. and that does NOT happen overnight.

Ignore the bogus deadline, send them a DV letter ASAP.

[hatemylife]

Very interesting....no, there is no judgment--yet.

So, is it true (boy, I have a LOT to learn, and must learn it FAST!!!) that once the lawsuit is filed, I should be notified by mail to appear in court? Then, once the judgment is attached, do they have the ability to freeze my bank account? Or do they have to file a separate *something* to make that happen? I just want to be prepared for this, in the event this occurs, because it's a joint account and I think we're going to have take my name off of it, or do something to keep my fiance's liquid assets from being frozen and confiscated.

Thanks for your help!

[Ladynred]

Once the lawsuit is filed, you will be served with a Summons and Complaint. That could be by mail or by a process server showing up at your door.

Once they have a judgment.. which takes some time - then all they have to do to get hold of your bank account is get a writ of execution and serve in on your bank to sieze the account. You should consider taking your name off the joint account before it gets anywhere near the lawsuit phase.

[hatemylife]

Originally Posted by Ladynred

Ignore the bogus deadline, send them a DV letter ASAP.

Is it acceptable to fax a DV or is it only valid through certified mail?
Thanks!

[Ladynred]

Sending it certified doesn't make it 'valid', its 'valid' no matter how you send it. What you want is the PAPER TRAIL that proves they DID get it and WHEN. If the fax confirmation sheet will give you that, then fax it. Personally, I wouldn't.