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Originally Posted by Trish  Just to make sure......I have a few questions.
What did your first DV letter say? Sent you PMThey responded to your first letter with copies of your statements from the OC? yes all my monthly statement but did not send certified, so guess waht I never recieved it if you know what i mean
Was it an itemized list showing how they arrive at the amount they are requesting? yes last statement balance of the account before the charge offAny contract/application signature? NO
What did your second letter say? And did you send the letters CMRRR so that you have proof? EVERYthing they sent went through regular mail nothing was registered with return reciept Does that give me an advantage for proff since i have everything?
The way the CAs work a lot of the time is......if they sent you what they consider validation (even if it's not), they can then turn around and try to sue you. to see what your second letter said and how long ago they rec'd it. The timeline can make a difference. If they rec'd it say.......a week ago and they are just now trying to serve you, you may have something..
But if you just sent it a day or two ago.......they may not have gotten it soon enough and already started the filing process. My contentions in my second letter is that i was still contesting and they needed to send the right information. As for the Summons, I just noticed that the paper work says they filed this originally on 11/ 08 and the Plaintiff is Discover card and not the attorney. Does that make a difference? and Why did they wait almost two months to issue the Summons
Either way (just in case), you need to look into your rules of service for your state and make sure they serve you properly - be prepared. It would also be a good idea to go ahead and call your local courthouse and see if there is anything filed against you.
I've been there, it's not fun. So anything I can do to help........I will try.
Oh, and what kind of debt is this? And how large? (you don't have to be specific.....you never know who reads these boards) |
OK so i responded in red and also I noticed while looking at the first Intend to sue letter which was sent is sent by the same Law firm but they changed the name (SNeaky Bastards)Different address. They are the same company except different name and different address . SO I Have all the return reciepts but I am nervous to go before the judge even though I am good friends with him. (i ran for City council and know everyone) I am wondering if I should contact the judge and ask for his court. Would that be unethical
to ask for my friend and golf buddy? Hehehe I might have the upper hand here I do not know. I first have to answer this summons in 21 days. Not sure what i should put. Anyone know anything about this kind of stuff?
Karlmich