Is this grounds for dismissal

[rediva]

I'm in IL.
I began receiving calls from what I now know is a collection agency about a month or 2 ago. I ignored them, thinking it was telemarketers. I never received a written notice about any debt. Last week, while surfing the net, I googled my name and found that this company had filed a lawsuit against me on 2/17/06. The last status of the suit is "summons not served." I ran my credit report and saw that this is from an old credit card for which the SOL will expire in Sep. '06. That same day, the collection agency somehow got my work number and called me there.

They said that they were trying to collect over $1,000 for this card, and threatening legal action. I said that I'd never received any collection letter. I was told they sent it to the wrong address. I asked them to send me the letter demanding payment of the debt. I'm waiting to receive that letter, once I get it, I plan on disputing the validity of the debt. (I've been doing web research on debt collection). During the conversation, the collector stated that he would send me a demand for payment since the legal action had not been filed yet.
Here is what I need help with:
1) Could the lawsuit be dismissed because the collector misrepresented the status of the debt, stating that a lawsuit has not been filed when I know for a fact it has?
2) I live in and would have signed for the credit card in one county, yet they are suing me in a different county, can the suit be thrown out this way?
3) Can they sue, having not even given me a demand for payment?
4) Can they win the suit if they can't validate the debt?
5) Finally, they have re-aged the account. The last activity date from the last creditor was 9/01. However, the collection agency has a date of 2006. Is this grounds for dismissal?

As you can see I have alot of questions. Any help is appreciated.

[racer72]

1. No.
2. No. You will be sued in a state court, the county is irrelevent.
3. Sure they can. And chances are they will win too.
4. Happens all the time.
5. I think you are mistaken what reaging a debt is. They can put the debt on your credit report with a 2006 date. The date that important is the charge off date. That is the date that will determine if the debt if valid or beyond the SOL.

[rediva]

I was under the impression that a bill collector has to tell you the truth regarding the legal status of your debt. That they can't say they're suing you if they're not and vice versa. Is this not true? If true, then why wouldn't that be grounds for dismissal?

As for the validation of the debt, how can they just go in and say I owe them x amount of money without any proof. Shouldn't they have to show something if I request it.

And the re-aging: If the account charged off in 9/01 and there has been no activity since, what is there to update on the account? Why are they constantly making updates? I thought the agency's date of last activity has to match the charge off date of the original creditor.

Thanks for your answers.

[racer72]

I was under the impression that a bill collector has to tell you the truth regarding the legal status of your debt. That they can't say they're suing you if they're not and vice versa. Is this not true? If true, then why wouldn't that be grounds for dismissal?

Your contrdicting yourself. Your first post says a legal action has been initiated. They can threaten legal action whether a lawsuit has been filed or not.

As for the validation of the debt, how can they just go in and say I owe them x amount of money without any proof. Shouldn't they have to show something if I request it.

You never say you made a legal claim for validation. This requires a written request, sent CRRR. You have to comply legally too. Asking over the phone is not a legal request.

And the re-aging: If the account charged off in 9/01 and there has been no activity since, what is there to update on the account? Why are they constantly making updates? I thought the agency's date of last activity has to match the charge off date of the original creditor.

Nope. Reaging a debt is showing the date of last payment at a later date then the date of last payment. This would extend the SOL of the debt. If the CA just obtained the debt, they have the legal right to post the disputed debt to your credit report at that time. In fact, it would be illegal for the CA to post the debt at an earlier date. Right now it looks like your grasping at straws looking for a way out of a legal debt. Most collection agencies have been doing what they do for a long time and know the in and outs of debt collection. They are not in the habit of doing things wrong that could result in lawsuits being tossed out of court. From appearances, the CA you are dealing with is giving you every opportunity to legally challenge the debt but you are going about it the wrong way. I would suggest a visit to [url]http://www.creditboards.com[/url] and visit the forums there. You will find samples of debt validation letters and many of the contributors to those forums work in the debt collection industry.

[PhxGuy623]

Originally Posted by racer72

Your contrdicting yourself. Your first post says a legal action has been initiated. They can threaten legal action whether a lawsuit has been filed or not.


You never say you made a legal claim for validation. This requires a written request, sent CRRR. You have to comply legally too. Asking over the phone is not a legal request.


Nope. Reaging a debt is showing the date of last payment at a later date then the date of last payment. This would extend the SOL of the debt. If the CA just obtained the debt, they have the legal right to post the disputed debt to your credit report at that time. In fact, it would be illegal for the CA to post the debt at an earlier date. Right now it looks like your grasping at straws looking for a way out of a legal debt. Most collection agencies have been doing what they do for a long time and know the in and outs of debt collection. They are not in the habit of doing things wrong that could result in lawsuits being tossed out of court. From appearances, the CA you are dealing with is giving you every opportunity to legally challenge the debt but you are going about it the wrong way. I would suggest a visit to [url]http://www.creditboards.com[/url] and visit the forums there. You will find samples of debt validation letters and many of the contributors to those forums work in the debt collection industry.

I used to do collections and I was always told NEVER SAY YOU ARE TAKING LEGAL ACTION IF THERE ARE NO PLANS TO since this would be a go against the Fair Debt Collections Act. I would look it up. I was told my collection agency was sued for someone saying they are taking the person to court when we didnt have any plans to. However, of course its not what you know its what you can prove.

I dont think a judge would throw out the case based on this, but you may have grounds for a seperate case.