I am bieng served

[karlmich]

I have written in before and I thought for sure this would be over, but it is not. As I write this message the silence before the storm was something I dreaded and now thw worst has come true. Today, before I got home from work a guy showed up at the house, and the children answered the door to see who it was(yes I already chewed them out about opening the door to a stranger)anyway, the gentleman came back and my wife said I was not home. He handed her a card to tell her that I had important legal documents to recieve. I know it is from the CA. I had sent the two letters, and they did not respond to any of them. All they sent to me was a copy of my entire account information statements. ONly about 60 days later. These are the same statements which they send to you every month for your account. They Never did validate the infromation about the collection account or anything. So I sent them a secondletter explaining how they are not compliing with the FDCPA. So know they are going to sue me. I am not sure where to begin. I giess first I have to see the Documentation they are sending to me as he tried to serve me. Is that how they do it or is it something else? I am unsure what to think. Am I ready to take this to court by myself or get representation, as I think i know more about this than most attorneys. Boy I do not know what to do. I think I need to file suit against them. Or just wait to see the paper work. The SOL is not over yet so I am nervous. Please let me know what to do.

[Trish]

Just to make sure......I have a few questions.

What did your first DV letter say?
They responded to your first letter with copies of your statements from the OC?
Was it an itemized list showing how they arrive at the amount they are requesting?
Any contract/application signature?

What did your second letter say? And did you send the letters CMRRR so that you have proof?

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.

Just curious 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.

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)

[karlmich]

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

[Trish]

Karl,
I did answer your PM..

If you intend on filing the Answer yourself, I may be able to help some with that.
Just let me know.