Debt validation

[carmen55]

What is the name of your state? NJ

The law firm attempts to collect.

I ask that their paralegals stop calling me. They were harrassing me and threatening me that if I don't pay up I will not be able to negotiate once it gets to court.

I send a letter to law firm asking for:
debt validation
proof their client owns debt
the method used to calculate balance
proof their client is licensed to collect in NJ

I received from law firm a letter

Original creditor name
principal balance
interest charge
attorney fees.

Now they have filed a formal complaint.

I have to answer motion.

What are my rights concerning debt validation.

 

[TigerD]

What is the name of your state? NJ

The law firm attempts to collect.

I ask that their paralegals stop calling me. They were harrassing me and threatening me that if I don't pay up I will not be able to negotiate once it gets to court.

I send a letter to law firm asking for:
debt validation
proof their client owns debt
the method used to calculate balance
proof their client is licensed to collect in NJ

I received from law firm a letter

Original creditor name
principal balance
interest charge
attorney fees.

Now they have filed a formal complaint.

I have to answer motion.

What are my rights concerning debt validation.

You screwed up. You played games and they sued you.

I suggest you pay up before a judgment is rendered against you. That will further damage your credit.

DC

 

[TiredOfAbuse]

Sigh...

Carmen55 - you did the right thing. How do you know the debt is yours? In your shoes, I would:

1. Talk to an attorney and get help in answering the summons & complaint. Failing that, you may be able to find help for low income consumers. States and counties sometimes offer information programs or even online advice (at best) if you are low income. Once filed, find out how to file for what's called a Discovery so you can find out exactly what you had wanted to know in the validation letter you had mailed them.

Since they seemed to be acting as a collection agency before they filed suit...

2. Find out if they are licensed to collect in your state and if your state requires them to be licensed and bonded as a debt collector. If they aren't, you can file a suit of your own.

Don't ignore this because default judgements really can hurt you for a long time.

And remember: A forum like this can help point you in the right direction. Research and see if you can get good help from an attorney, help line, or origanization in your area that deals with this area of law!


TiredOfAbuse

 

[justsomeone]

Hi, shortly after my wife and I were married she had lost her job and defaulted on three credit accounts. Since then her credit is back in shape and these people pop out of no where. We answered the complaints with the following:

I deny the plaintiffs claim and request a copy of the signed contract, statements, and other materials showing the defendant owes the alleged debt.

We also sent formal debt validation letters.

One attorney did not show and the case was dismissed. The other two cases were dismissed for lack of evidence.

You have to answer the complaint and fight back.

 

[Zigner]

Hi, shortly after my wife and I were married she had lost her job and defaulted on three credit accounts. Since then her credit is back in shape and these people pop out of no where. We answered the complaints with the following:

I deny the plaintiffs claim and request a copy of the signed contract, statements, and other materials showing the defendant owes the alleged debt.

We also sent formal debt validation letters.

One attorney did not show and the case was dismissed. The other two cases were dismissed for lack of evidence.

You have to answer the complaint and fight back.

Just -
You really need to know a bit more about the law before giving advice.
Your "answer" only had one valid point and that was "I deny the plaintiff's claim". You don't get to request copies of signed contracts etc in an answer.

 

[justsomeone]

I know that....My point is the defendant has a right to ask for validation and proof. Also a signed contract which most old debt collectors do not have. Case dismissed, it was that easy. They could not produce anything at all. People often think just because they are being sued that they should crawl under a rock. The burden of proof lies with the plaintiff. I am just sharing an experience for those who have not been through this. Thats all

 

[carmen55]

Debt Validation

I just noticed that the first letter I received and all others from this law firm never included the name of the person or sent the letter and never any signature. The first letter also states no attorney has reviewed the account details. Attorney fees were included in the first letter. If no attorney reviwed it how could they charge attorney fees. If it's the so called paralegal negotiating then the charge should have reflected that. Any thoughs