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HELP!!! Need Advise Please

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gd1010

Junior Member
What is the name of your state?What is the name of your state? (TX)

The following two sections are: 1) My original question/post and, 2) My response to Civil Court on a Sworn Account. At this point I'm waiting for the civil court to notify me of the pending court date, which should be thirty days or more. My question today is:

Since I have filed an answer to the collection agent's (attorney) summons and I'm waiting for the court date to be assigned.... Is it too late for me to send a debt validation letter to the collection agency (attorney) with the following info?


This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character

If it is too late, do you have any other suggestions?

Thank you very much in advance for any guidance.




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THIS WAS MY ORIGINAL QUESTION:
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Here is the original question that I posted 8/14/05 in:
FreeAdvice Forums > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

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What is the name of your state? Texas

Hello. I received a 'Civil Justice Sworn Account - Citation In Sworn Account Debt.' Basically, I owe a revolving credit card company $2400 + $450 attorney fees for an account which I stopped paying on in 2003. My wife has medical problems (a panreas transplant for her diabetes in 2002) which is primarily why I inccured the charges and why I'm unable to pay. She also has one revolving credit account in her name that has gone to collections, and we had one vehicle that was voluntary repossessed in 2003. We haven't been sued for her account or the vehicle repo as of this time, although we get phone calls and letters from CA's. I misread the date on my 'Citation In Sworn Account Debt' and have to give the court an answer tomorrow, instead of later in the week as I first thought.

What would you recommend to me as the best course of action? We own a home (at least 6 years worth, on a 30 year mortgage), my wife and I each have one vehicle in each of our names (both vehicles are mid-90's and paid for). We have a few bank accounts (generally less than $1000 in them at any given time). My wife is unable to work due to health reasons and she takes care of our five & seven year old children; so I support all four of us. I'm afraid of getting a judgement against my home, cars, bank accounts, and having my wages garnished. I obviously have made some mistakes with credit and thought that I was on the right path, but now I'm uncertain what to do. I could try to make an arrangement with the C.A./Attorney, but I'm unsure how successful that would be for me. I would like to protect my home, cars, bank accounts, and wages.

After reading threads on your forum, I came to the realization that it is much more serious than I initially thought. I haven't contacted an attorney yet, but I have to file an answer tomorrow. I don't wan't to accept the suit's charges, but I would like to get a court date to allow me enough time to find an attorney, because it looks like I might need one. What type of answer/response should I give to court tomorrow to allow me the time to get a court date?

1) Denies; or
2) Defendant is without sufficient information and leaves Plaintiff to his proof.

Thank you very much for any assistance that you may be able to provide!!!!

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THIS WAS MY RESPONSE THROUGH A NOTORIZED AFFDAVIT:
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GENERAL AFFIDAVIT BEFORE NOTARY

Before the undersigned, an officer duly commissioned by the laws of the State of Texas, on this 15th day of August, 2005, personally appeared the Declarant XXXXXX XXXXXX who having been first duly sworn or having duly affirmed to tell the truth depose and says:

RE: FILE NO. C########

I, XXXXXX XXXXXX, HAVE NO CHOICE BUT TO DISAGREE WITH THE PLAINTIFF’S PETITION AT THIS TIME.

That Declarant is competent under the law to give this affidavit and unless stated has personal knowledge of the facts stated herein.
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Debt Guy

Senior Member
It is too late to send a VOD. What would you be trying to accomplish anyway?

You are in court now. You have the right to discovery of evidence. Way more powerful than validation.
 

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