CA failed to respond to DV and filed lawsuit

[amore]

Short story, my ex husband had added me as a co-signer to a couple of his credit cards during our marriage. When we divorced each one took there own debts. He was arrested and failed to continue making payments and I started getting call from collection agencies. I have cleared most of them by sending DV letters. But this one is diffrent.

I was sent a letter dated May 15 from CA/attorneys office asking me to validate a debt within 30 days.

I sent the DV letter certified on 06/16/09 and was received by there office on 06/17/09. I never received anything back and assumed it would be cleared like the other ones.

On 8/27/09 I received the summons and 20 days to file a response. They filed with the court on 07/23/09

The only information I have for this account is from my credit report.
1. Credit card; closed account in 10/2004
2. Balance $3200, lawsuit for $4800.76 (wow including cents)


My question is:

1. Did the CA's attorney office fail FDCPA 15 USC 1692g § 809(b)?
2. If they sent me something regarding the validation of the debt I believe the statue of limitation has been met. How can I find this information know?

[leatherbutchpa]

If you sent this company a D/V letter they are suppose to validate your request under the FDCPA. Did you get your return recipte back yet? If not as long as you have a copy of the recipte from the post office that you sent it. take the tracking number go on line. punch in the tracking# and you can pull up who signed for it date ect. and print it out . You need to send the court a respose letter so it does not get default. Second what state do you live in? Make sure that this is not past the SOL if it is when you go to court. You have proof that they1 did not provide validation under the FDCPA and you sent them a letter that they signed for . Second if it is past the SOL you can use this as your defense as well. They can't take you to court if they did not validate the debt that you requested in under 30 days.

[leatherbutchpa]

Court paperwork Make sure that you call your county court house to make sure that this paper work is ligit before you respond
WHAT CA IS THIS?

Sometimes illegal debt collectors will send you bogus /fake court paperwork to scare you into making payments.
Since they have not responded and they have not follow up a red flag went off in my head.
PLEASE MAKE SURE YOU CALL AND MAKE SURE THE DOCS ARE LIGIT WITH COURT HOUSE.

When you respond to these people don't send thier docs back to them send them another certified letter. Requesting debt validation with a copy of the origional letter with the origional tracking #. Then when you send the 2nd letter put the 2nd tracking # in with letter as well .
If they take you to court you will have lots of amo against them that they have not validated the debt.
you can take them to court for violation of your rights.

[amore]

CA - Portfolio Recovery
CA/Attorney - Southern & Allen

State of Arkansas;

I got a PS Form 3811 back from them on the DV letter. I had called the court when I got the summons and they stated it was legit.

I believe the SOL in Arkansas is 5 years some websites state 3 years but I am not sure.

[leatherbutchpa]

GO TO THE BUDD HIBBS WEB SITE ON THESE PEOPLE. tHEY ARE SCAM DEBT COLLECTORS. SEND THEM AND E-MAIL AS WELL they can give you more help information as well on this for court a good attorney too to suie them .

If you closed the accounting 2004 it would be 5 years max SOL as of oct 5 years. If you can hold the court date out till OCT esp.
Since they have not verified the debt.


Written contracts: 5 years, NOTE: Partial payment or written acknowledgement of default stoppeds this statute of limitations. (A.C.A. 16-56-111)

Contracts not in writing: 3 years, (A.C.A. 16- 56-105)

Breach of any contract for the sale of goods covered by the UCC: 4 years, (A.C.A. 4-2- 725)

Medical debts: 2 years from date services were performed or provided or from the date of the most recent partial payment for the services, whichever is later. (A.C.A. §16-56-106)

Negligence actions: 3 years after the cause of action. (A.C.A. § 16-56-105)Written contracts: 5 years, NOTE: Partial payment or written acknowledgement of default stoppeds this statute of limitations. (A.C.A. 16-56-111)

Contracts not in writing: 3 years, (A.C.A. 16- 56-105)

Breach of any contract for the sale of goods covered by the UCC: 4 years, (A.C.A. 4-2- 725)