Arbitration for Credit Card Debt and Debt Validation

[Isilwath]

I am in the state of Pennsylvania.

I am being sued for an old credit card debt. I replied to the complaint using the rules of civil court. The mandatory arbitration hearing is Oct 31.

The original complaint was filed under an incorrect address. The address is a valid address, however I do not live there and have never lived there. The address is for the wrong street and the wrong +4 Zip code. I have never received anything from the debt collector other than when I was served the suit papers by the local sheriff. The local sheriff delivered the civil suit papers even though the address on them was wrong.

I found out about the Fair Debt Collections Practices Act and was advised to request debt validation from the collector. I sent a certified letter requesting debt verification over a month ago and I have the return receipt to prove that I sent the request.

The debt collector has not responded to my request for debt validation.

What should I do at the arbitration hearing on the 31st if the debt has still not been validated? What should I do about the fact that the address on the papers is wrong and I never received anything from the collector prior to being served?

Any guidance on this matter is appreciated.

Thank you.

Theresa

 

[ecmst12]

You'd better have a better defense then that if you expect to win in court. Is the debt actually yours? Is the statute of limitations expired? If it's not yours, bring evidence. If the SOL is up, bring proof. Otherwise, they're probably going to win. Lucky for you, their ability to collect in PA has limitations, your wages can't be garnished. But they can still seize your bank account to satisfy a judgement.

 

[TigerD]

I am in the state of Pennsylvania.

I am being sued for an old credit card debt. I replied to the complaint using the rules of civil court. The mandatory arbitration hearing is Oct 31.

The original complaint was filed under an incorrect address. The address is a valid address, however I do not live there and have never lived there. The address is for the wrong street and the wrong +4 Zip code. I have never received anything from the debt collector other than when I was served the suit papers by the local sheriff. The local sheriff delivered the civil suit papers even though the address on them was wrong.

I found out about the Fair Debt Collections Practices Act and was advised to request debt validation from the collector. I sent a certified letter requesting debt verification over a month ago and I have the return receipt to prove that I sent the request.

The debt collector has not responded to my request for debt validation.

What should I do at the arbitration hearing on the 31st if the debt has still not been validated? What should I do about the fact that the address on the papers is wrong and I never received anything from the collector prior to being served?

Any guidance on this matter is appreciated.

Thank you.

Theresa

I don't know who advised you of that, but they were wrong. You have been sued. You no longer have the right to validation. You must conduct discovery.

DC