What is the name of your state (only U.S. law)? Tennessee
Just got a summons for a debt I have been dealing with for 3 years, from CASH, LLC. They originally contacted me in 2013, to which I sent a certified letter disputing the debt and asking for VERIFICATION, with in 30 days of receiving their letter. I got no response. In 2014 I got a second letter, from a different lawyer, trying to collect. I again send a second certified letter asking for proof/verification within 30 days, and again never received proof. That brings us to now, where I am being sued for an amount < $2000. I immediately answered the summons agreeing I am who I am, they are who they are, but denying everything thing else. I also disputed their right to sue, and that despite 3 years and 2 certified letters, have never gotten proof ( I kept the certified recipes and copies). Today I received what they call verification from their lawyer, a week after I send my answer to the court. It has my name, original amount, original creditor, a copy of a check, and the creditor selling debt to CASH, LLC. My defense was that they could not verify the debt, even with 2 certified letters spanning 3 years. Now, all of a sudden after 3 years there is some verification ( enough for court) provided after I sent in my court summons answer.
1.Do I still have a defense?- It took them 3 years to provide me anything with 2 certified letter requesting the info, then lawsuit. I honestly did not know I owed any money to the original creditor as I was in Medical school, till CASH, LLC came along, to which my request fell unanswered. Is there a defense in that alone?
2. I disagree with the amount owned- defense?
3. The 1st collection letter was from a lawyer who could practice in NC. They received certified letter- no proof given. Then a year later another Lawyer, who could practice in TN started call and I sent 2nd letter- No proof given. Do I have a counter suit in that it's against the Fair Debt Collection Practices Act, Section 809(b): Validating Debts to continue to peruse collection after being asked to verify, like what has happened here. They sued me with out ever verifying the debt ( x 2). Now magically I have some evidence- I still depute it!
Here is my Answer to the complaint- minus my personal info, obviously.
DEFENDANT�S ANSWER TO COMPLAINT
Allegation #1: I admit that the Plaintiff is CACH, LLC.
Allegation #2: I admit that I am BLANK
Allegation #3: I admit I did have an account with the original creditor BLANK. I have been presented no evidence that the account I had with BLANK is the same account as the debt alleged in this complain by the Plaintiff.
Allegation #4: Responding party objects to the allegation of owing BLANK.
FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.
AS AND FOR AFFIRMATIVE DEFENSES
1. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action.
2. The plaintiff has not proven the debt is valid or the amount of the debt is accurate, which violates the Fair Debt Collection Practices Act. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. Defendant will submit evidence showing they requested �Validation of Debt�, by certified letter, from the Plaintiff in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b): Validating Debts.
WHEREFORE, the defendant asks the Court for judgment:
a. dismissing the complaint herein with prejudice.
FYI, This is what I sent prior to getting their validation letter today. I did send certified copies of the summons answer to CASH, LLC's attorney. I also send copies of original certified letters with dates, signed by the receiving parties. I would appreciate any advice on the subject!
Just got a summons for a debt I have been dealing with for 3 years, from CASH, LLC. They originally contacted me in 2013, to which I sent a certified letter disputing the debt and asking for VERIFICATION, with in 30 days of receiving their letter. I got no response. In 2014 I got a second letter, from a different lawyer, trying to collect. I again send a second certified letter asking for proof/verification within 30 days, and again never received proof. That brings us to now, where I am being sued for an amount < $2000. I immediately answered the summons agreeing I am who I am, they are who they are, but denying everything thing else. I also disputed their right to sue, and that despite 3 years and 2 certified letters, have never gotten proof ( I kept the certified recipes and copies). Today I received what they call verification from their lawyer, a week after I send my answer to the court. It has my name, original amount, original creditor, a copy of a check, and the creditor selling debt to CASH, LLC. My defense was that they could not verify the debt, even with 2 certified letters spanning 3 years. Now, all of a sudden after 3 years there is some verification ( enough for court) provided after I sent in my court summons answer.
1.Do I still have a defense?- It took them 3 years to provide me anything with 2 certified letter requesting the info, then lawsuit. I honestly did not know I owed any money to the original creditor as I was in Medical school, till CASH, LLC came along, to which my request fell unanswered. Is there a defense in that alone?
2. I disagree with the amount owned- defense?
3. The 1st collection letter was from a lawyer who could practice in NC. They received certified letter- no proof given. Then a year later another Lawyer, who could practice in TN started call and I sent 2nd letter- No proof given. Do I have a counter suit in that it's against the Fair Debt Collection Practices Act, Section 809(b): Validating Debts to continue to peruse collection after being asked to verify, like what has happened here. They sued me with out ever verifying the debt ( x 2). Now magically I have some evidence- I still depute it!
Here is my Answer to the complaint- minus my personal info, obviously.
DEFENDANT�S ANSWER TO COMPLAINT
Allegation #1: I admit that the Plaintiff is CACH, LLC.
Allegation #2: I admit that I am BLANK
Allegation #3: I admit I did have an account with the original creditor BLANK. I have been presented no evidence that the account I had with BLANK is the same account as the debt alleged in this complain by the Plaintiff.
Allegation #4: Responding party objects to the allegation of owing BLANK.
FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.
AS AND FOR AFFIRMATIVE DEFENSES
1. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action.
2. The plaintiff has not proven the debt is valid or the amount of the debt is accurate, which violates the Fair Debt Collection Practices Act. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. Defendant will submit evidence showing they requested �Validation of Debt�, by certified letter, from the Plaintiff in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b): Validating Debts.
WHEREFORE, the defendant asks the Court for judgment:
a. dismissing the complaint herein with prejudice.
FYI, This is what I sent prior to getting their validation letter today. I did send certified copies of the summons answer to CASH, LLC's attorney. I also send copies of original certified letters with dates, signed by the receiving parties. I would appreciate any advice on the subject!
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