Need Advice... My Girlfriend is Getting Sued

[jessetsi]

Here is the Deal...
We did the 1-2 punch and sent debt validation letters to renton collections, and also disputed with the credit bureaus. We never herd anything back from the collection agency, but it got deleted from her credit profile.
So at 10pm tonight, someone knocks on her door and asks if she lives there... They served the papers to someone that did not live in the house, who was not named on the paper. (dunno if that info helps)
I looked online, and indeed there is a lawsuit taking place in our local court system against her.
She paid them $50 on November 13th 2009 (after the validation letters were sent. She made a mistake) and they filed the lawsuit December 3rd 2009. And have not validated the debt!
Original amount owed: $200
Amount being sued for: $550+

I am in washington state. Is there anything I can do?
These are filed in our court system, and I am really worried. She has a 730 score right now

[Trish]

You need to make sure she files a formal answer with the courts (and sends a copy to the plaintiff) and then in that answer you put that you never received validation of the debt.

You may cite this case:

Spears vs Brennan

It means that she has an absolute defense and they cannot obtain a judgment until they provide validation of the debt.

HTH

[jessetsi]

Trish,

I always look forward to your replies! Thanks so much for the information.
I am going to do whatever I can. This place is just SHADY!
How can they make a telephone call to the house and collect on the debt while it is within the 30 day validation period? They threatened her to pay, or they would sue. She paid $50 in good faith, and less then a month later, they sue, not taking into account the $50 payment.
I want to get them so bad! But I am extremely worried about my girlfriends 730 score.

[Scorepro]

Did they send her a letter, then she paid the $50, then she sent the debt validation letter? What was the sequence of events? It seems a bit odd to pay the $50 and question the validity of the debt. Also, you say you disputed with credit bureaus and they deleted. When did that take place? Did all of this happen within the 30 day validation period?

If so, yes, they do need to validate before suing, but it seems you have described a lot of activity here to happen all within 30 days. Are you sure she debt the debt validation letters within the thirty days? How was the letter sent? Do you have proof it was sent?

Please clarify the above items for me so that I can better address your concern. Also, what kind of debt is this?

[jessetsi]

Originally Posted by Scorepro

Did they send her a letter, then she paid the $50, then she sent the debt validation letter? What was the sequence of events? It seems a bit odd to pay the $50 and question the validity of the debt. Also, you say you disputed with credit bureaus and they deleted. When did that take place? Did all of this happen within the 30 day validation period?

If so, yes, they do need to validate before suing, but it seems you have described a lot of activity here to happen all within 30 days. Are you sure she debt the debt validation letters within the thirty days? How was the letter sent? Do you have proof it was sent?

Please clarify the above items for me so that I can better address your concern. Also, what kind of debt is this?

I sent validation letters for her, CA received them 11/03 (certified mail)
CA calls her 11/12 and threatens to sue her if she didn't pay, she said she thought it was for another bill, and paid $50. Transaction processed and removed $50 from her acct 3 days later.
11/25 Deleted from Credit Report
12/03 CA files lawsuit in court
12/30 Papers Served

We think its for a Medical Bill that wasnt billed properly to insurance. She is hardcore about paying her bills on time.

We have not gotten validation of the debt. But they obviously knew, why would they file it right on the 30th day after the letter was received?

I dont understand why they called either, we have proof they took the money.

[jessetsi]

So I spoke with a lawyer today. Its a friend, so the advice was free.
We found out that the bill was a medical collection from our local hospital.
The Collection agency said that they did not have to validate the debt because is was after the 30 day period of first contact (which by there records were sent somewhere where she does not receive mail).

Anyways, my lawyer friend said that we should try to duck under some ropes and pay the hospital their $200 directly.

My question is. If the hospital took the payment, would this all be over?
Could the CA still sue and win?
Would we still be liable for the extra $300 that they are saying is for fees and lawyer fees?

Is there any advice? This was disputed off her credit, and is currently off.

[Scorepro]

Originally Posted by jessetsi

So I spoke with a lawyer today. Its a friend, so the advice was free.
We found out that the bill was a medical collection from our local hospital.
The Collection agency said that they did not have to validate the debt because is was after the 30 day period of first contact (which by there records were sent somewhere where she does not receive mail).

Anyways, my lawyer friend said that we should try to duck under some ropes and pay the hospital their $200 directly.

My question is. If the hospital took the payment, would this all be over?
Could the CA still sue and win?
Would we still be liable for the extra $300 that they are saying is for fees and lawyer fees?

Is there any advice? This was disputed off her credit, and is currently off.

The sequence of events is still confusing so pardon the questions. Ok..let me make sure I got this straight. The CA sent her the original first letter to an address that is no longer her current address, hence why she didn't get it? Is the address they sent it to the address the creditor had when the medical services were rendered to her? If not, when she moved did she formally forward her mail with the post office? Does her credit report show her correct current address? I am trying to establish the validity of their claim that they did send a letter to her (@ her old address). If the old address is what the creditor had and what shows on her credit report and she never formally filed a change of address with the post office, it's possible they could have sent the original letter to her. That said, however, before you sue someone a collection attorney should and normally does do some form of skip trace on the debtor and I would have to assume that in that skip trace her current address would have popped up and they would have sent the letter there. In any case, unlike the disputes we send the CA's and CRA's via certified mail, the CAs never send those original letters (called dunning letters, by the way) via certified mail. Therefore, they can't prove they actually sent it, regardless of what address they claim they sent it to.

Ok, next. So they sent the letter to an old address but then you sent debt validation letters on 11/3. What were u sending debt validation letters in response to if the original dunning letter went to an old address? I have to assume u sent letters in response to a letter she received, right. This is big question mark, so please clarify your original post says u disputed with the collection agency and credit bureau. Did u dispute with agency simply based on the info you found on her credit report & not as a result of a letter she got? If so, what promoted u to pull the credit report in the 1st place?

Next...she gets a call from them threatening to sue. She thinks the call is in reference to another bill so she pays them $50. In this call, by law, they need to identify whom the original creditor is. Did they not do this? If so, mark that as violation #1. They then proceed to process her payment 3 days later and then file a lawsuit shortly thereafter, correct?

U also mention the credit bureau deleted it? What was your dispute to the bureau? Was your dispute regarding the hospitals listing on her reoirt or tge collection agencies listing (i assume they both appear) When did u send letter to CB and when did they respond? Again, the fact pattern here is important. For the bureau to have deleted it, it must have not been verified. If ur dispute to the bureau was regarding the collection agency account and they did not verify it, I would argue that they did not verify the debt when the bureau contacted them and they never validated the debt to you, thereby barring them from suing.

I don't know what kind of time and resources you have, but I personally hate when people attempt to mess with me and I will fight tooth and nail. I think shevhas some very valid defenses and probably some counterclaims (things you can sue them back for. Like, for example, the several violations it appears theyvcommitted). In my state, you used to be able to file a counterclaim at no charge. Now you have to pay. If u can establish they did commit some violations, I would file a motion to dismiss based on her defenses and see how that goes. I would also consider filing a counterclaim for the Violations they committed. Who knows, you may actually make some money because each violation carries a $1000 fine PLUS attorneys fees.

Please answer some of my questions above so I can help u further.

[Scorepro]

I just wanted to correct something I had said earlier.

They do not have to validate before suing. There is nothing preventing them from suing or proceeding with collection efforts within the 30 day validation period. However, if u dispute the debt within the 30 days, they do have to cease collection efforts until they validate the debt. Does that make sense? In otherwords, you can get an original dunning letter and then get served with a lawsuit shortly thereafter, provided u haven't already disputed it. They don't have to wait for the 30 days to be over to sue. But, if they sue within those 30 days and u dispute it, they do have to stop collection efforts until the day the mail validation of the debt.