[acebo]

I can't believe my head hurts so much, when I haven't had anything to drink. RB's 27 page thread read like a great soap opera.

Please forgive my newbie questions, I'm just not clear on my position. I did read towerrat's definition of validation and qtips "How to deal with a collection agency." I sent a keep it short and simple DV to CA CMRR within 30 days of CA's original letter. OC owns original debt, but assigned to CA, definitely did not sell it. 7 months later, CA answered validation with all of OC statements on OC's original statement paper and a scanned copy of my original application. If I understand towerrat's validation explanation #3, interest rates and calculations are not explained, thus validation is not valid. CA is now sending letters that they (CA) have been authorized to start a lawsuit by OC, with the balance to the current date, which they mention in actual dollars.

So my questions are:

Say the CA files suit, can the CA get judgment without (**what I understand to be**) proper validation?

Does the CA need to validate every time they recalculate the alleged amount due?

Am I a sitting duck?

Many thanks in advance.

[roybean]

It sounds like they did pony up with validation, but if they file suit you MUST answer. They cannot get a judgment on GP if you answer the complaint.

I think your question should read "Where are YOU vulnerable?, if they file suit, correct?

Do you owe the debt?

How much debt are we talking about (because the amount may make a difference as to whether they are bluffing or intend to sue)?

If I am understanding you correctly, what you read by TR are things that you can use if they do file a suit against you.

Are they reporting?

[acebo]

I found TR's validation definition at http://wwwinfinitecredit.com/forums/...ght=validation
I believe, if I understand TR correctly, that the CA is missing the third test.

They haven't filed suit. If they do, I will answer. I haven't been down this road before and I just want to have some idea of what's going to happen.

I know that I am vulnerable if they follow suit, that's why I wanted to know if the CA/OC have any weak points given the above info. As I mentioned, I feel like a sitting duck. We are talking about five figures in debt. I've been medically disabled for a couple of years, which sent me into credit hell.

I have not pulled CRs yet. I'm too physically weak, at the moment (recovering from surgery). I know my CRs are a wreck, but I'm trying to handle fires as they happen. Hopefully as I get stronger, I will be able to deal with CRAs.

Again many thanks for the advice and the very entertaining thread. I'm cheering you on!

[hannah]

If they file suit, it will be up to a judge or jury and controlling caselaw as to whether or not what they sent constitutes validation. Some states have different standards as to what validation truly is or is not and as evidence in court, all the original statements on OC's statement paper and a scanned copy of your original application could well be considered prima fascia evidence that you owe the debt. Interest rates and calculations of how they arrived at the total is something they may still need to explain if you dispute owing the debt or if you dispute the total amount of the debt, but may well have already been explained if they did indeed send all the statements which should have those details on them.

Since the OC still owns the debt and it is 5 figures, you may well be sued if only for them to get a judgment against you in hopes of collecting later. The reason to pull your credit reports is to see if there are any federal or state violations with which to mitigate the amount you may have to pay. If they are reporting inaccurately, this could lower or negate the amount of money that they may be awarded if they file suit.

It would be to your avantage to get copies of the CR's so as to see what if any violations could be used in the above stated manner. Additionally, your state may have consumer laws that they may have broken. What state are you in?

And no, they do not need to recalculate the amount due unless it is turned over to a new CA and even then that will depend on your state and the controlling caselaw.

[roybean]

Originally Posted by acebo

I found TR's validation definition at http://wwwinfinitecredit.com/forums/...ght=validation
I believe, if I understand TR correctly, that the CA is missing the third test.

They haven't filed suit. If they do, I will answer. I haven't been down this road before and I just want to have some idea of what's going to happen.

I know that I am vulnerable if they follow suit, that's why I wanted to know if the CA/OC have any weak points given the above info. As I mentioned, I feel like a sitting duck. We are talking about five figures in debt. I've been medically disabled for a couple of years, which sent me into credit hell.

I have not pulled CRs yet. I'm too physically weak, at the moment (recovering from surgery). I know my CRs are a wreck, but I'm trying to handle fires as they happen. Hopefully as I get stronger, I will be able to deal with CRAs.

Again many thanks for the advice and the very entertaining thread. I'm cheering you on!

Hope you get better soon. Don't make yourself sicker or slow your healing by worrying.

[acebo]

I received a solicitation letter from a bankruptcy attorney stating that public records reveal that I am being sued by a creditor. In the RE they mention the CA v acebo. I have never heard of that CA nor have I received a summons. When I google the CA AND the CA that I received the dunning letter from, there is a connection.

Can I and How do I web search public records? Google didn't give up anything.

Does the suing company have to be the same company that sent the dunning letter? The dunning letter said that they were "representing" a client. I assumed that the client meant the OC. Now I'm not so sure that the OC never sold the debt. Is there a way that I can find that out?

TIA,

acebo

[jlynn]

Those solicitation letters are form letters. It sounds like a suit has been initiated, but you have not been served. There are companies that search new filings and sell the information.

You say you are disabled. Do you have income? Is it solely from disability? You may be judgment proof. (Doesn't mean they can't sue and win - so don't go away yet!)

Are there other debts out there, or is this the only one? BK may be an option as well.

Too little information to steer you in a good direction.

[vialna]

What state are u in?
Have you checked with your local court house to see if a suit has been filed? if not u should call and check...
Each state has rules of civil procedure? Read those over and over..
Also pull your credit reports...all three and see what they say about this creditor
see if it was charged off, assigned, or turned over to colletions...
When do you remember paying on this acount last.. see if the info matches..others will chime in when u provide more info....v

[acebo]

thanks jlynn and vialna for replying to my post. I received the summons in the mail today. The OC is listed as the defendant, not the party listed by the solicitation letter. There is a cover letter from the CA.

jlynn- I'm not judgment proof. I'm hoping that I am temp disabled. When I am well, I can make a living. I don't have income coming in at this time. I have heart failure from a pregnancy that I'm trying to recover from. Other debts, but they have not replied to my DVs and/or have resold them to other CAs.

vialna- ny. will pull reports tomorrow. last statement say internal CO. Will pull CR tomorrow and will check your suggestions.

The summons says "file your answer to the annexed complaint with the clerk," but there isn't a complaint. My name is somewhat incorrect. There is an index # and a C&S #. It states that I have 20 days to answer, if I am served personally otherwise 30 days.

Many thanks in advance for any suggestions.

[acebo]

Originally Posted by hannah

If they file suit, it will be up to a judge or jury and controlling caselaw as to whether or not what they sent constitutes validation. Some states have different standards as to what validation truly is or is not and as evidence in court, all the original statements on OC's statement paper and a scanned copy of your original application could well be considered prima fascia evidence that you owe the debt. Interest rates and calculations of how they arrived at the total is something they may still need to explain if you dispute owing the debt or if you dispute the total amount of the debt, but may well have already been explained if they did indeed send all the statements which should have those details on them.

I've briefly scanned the statements. The variable interest rates up or down are never explained. They just appear. The increases in the variable fee for late payments are not explained. I assume that could be computer generated pretty easily, though. Finance charge calculations are explained.

[Qtip]

Originally Posted by acebo

thanks jlynn and vialna for replying to my post. I received the summons in the mail today. The OC is listed as the defendant, not the party listed by the solicitation letter. There is a cover letter from the CA.

jlynn- I'm not judgment proof. I'm hoping that I am temp disabled. When I am well, I can make a living. I don't have income coming in at this time. I have heart failure from a pregnancy that I'm trying to recover from. Other debts, but they have not replied to my DVs and/or have resold them to other CAs.

vialna- ny. will pull reports tomorrow. last statement say internal CO. Will pull CR tomorrow and will check your suggestions.

The summons says "file your answer to the annexed complaint with the clerk," but there isn't a complaint. My name is somewhat incorrect. There is an index # and a C&S #. It states that I have 20 days to answer, if I am served personally otherwise 30 days.

Many thanks in advance for any suggestions.

Welcome to the site, sorry to hear about the health problems. Hope you are well soon! I know things are running around 100 miles per hour right now, but you have come to the right place.

As others mentioned there are some basic things that you could do and should do moving forward.

1- Obtain a copy of the credit reports

2- I am not sure if NY requires collection agencies to be licensed, if they do then check to see if the collection agency is licensed.

3- For time being since you are disabled, consider insulating yourself and become as judgment proof as you can.

If other CA's see that you are vulnerable, they are liable to go after you also. To search public records, some counties make records available trough the internet. I think someone else asked, but when was the last time you paid on this account?

[acebo]

Originally Posted by Qtip

Welcome to the site, sorry to hear about the health problems. Hope you are well soon! I know things are running around 100 miles per hour right now, but you have come to the right place.

As others mentioned there are some basic things that you could do and should do moving forward.

1- Obtain a copy of the credit reports

2- I am not sure if NY requires collection agencies to be licensed, if they do then check to see if the collection agency is licensed.

3- For time being since you are disabled, consider insulating yourself and become as judgment proof as you can.

If other CA's see that you are vulnerable, they are liable to go after you also. To search public records, some counties make records available trough the internet. I think someone else asked, but when was the last time you paid on this account?

1- Can someone tell me the best/cheapest place to order on-line?

2- CA is licensed

3- I'm not sure how that's going to work.

other matters:

Does anyone in NY know what personal service is? The summons was mailed to me by regular USPS. No other means of service. It makes a difference for a 20-day vs. 30 day service. I'm having a defibrillator implanted on Monday and Tuesday is 20 days from the date on the summons, not receipt.

One of the CRA's has the OC reporting. The CR balance as of 12/06 is the same as the summons dated 2/07, but the CA's cover letter says balance due as of 2/07 is $1,500 higher.

The complaint was not included with the summons. I called the court and I was told to call the OC's attorney for it. Does that sound right?

My last statement says internal charge-off. My last purchase was 01.06. My last payment was 12.05. I made a payment that bounced in 02.06. I gave up once they upped my interest rate to 27%.

I think that I answered everyone's questions, if not please let me know.

TIA.

[spinn]

Im sorry you are not feeling well....this is a terrible time to have to deal with such issues and I would consider BK as this can not be helping your health.

As for getting reports...you can call each CRA...tell them you were denied credit and they must send you a free copy. It is automated and actually pretty easy to do, as long as your info matches up.

From my limited experience with NY....they actually CAN mail you a summons......BUT in order for service to be completed, you must mail back a part of that admitting you received it.

Service is a tricky issue though as they can always lie and say you did and you wont be there to prove you did not.

I hope you are feeling better.......I would try to find a way to extend the time to file an answer, others here can help with that.

[acebo]

Originally Posted by spinn

Im sorry you are not feeling well....this is a terrible time to have to deal with such issues and I would consider BK as this can not be helping your health.

As for getting reports...you can call each CRA...tell them you were denied credit and they must send you a free copy. It is automated and actually pretty easy to do, as long as your info matches up.

From my limited experience with NY....they actually CAN mail you a summons......BUT in order for service to be completed, you must mail back a part of that admitting you received it.

Service is a tricky issue though as they can always lie and say you did and you wont be there to prove you did not.

I hope you are feeling better.......I would try to find a way to extend the time to file an answer, others here can help with that.

Bk isn't a good option for me.

I am entitled to thirty days, not twenty. That gives me breathing room.

Thanks, I'm determined to feel better and get back on my feet. The good thing about being ill is that it has taught me priorities. So I'm not so emotionally vested. If they sue, they sue. I just know that I have to answer the best I can, after that I don't have much control. Even for the stubborn OCs, they usually make some kind of a mistake. Right? Okay, I hope they make and I catch some kind of a mistake.

[ilovemydogs]

[quote=acebo;31312]thanks jlynn and vialna for replying to my post. I received the summons in the mail today. The OC is listed as the defendant, not the party listed by the solicitation letter. There is a cover letter from the CA.

THE OC IS LISTED AS THE DEFENDANT??????

I am VERY CONFUSED as this should not be IME.

ILMD

[acebo]

Originally Posted by ilovemydogs

I am VERY CONFUSED as this should not be IME.

I'm sorry, but I don't know what IME is, and it's not listed in terms and acronyms.