Small Claims Suit On Old Credit Card

[marcus123]

My question involves collection proceedings in the State of: RI

Received summons 6 weeks ago from local lawyer acting for out of state collector. This was the first time I've heard of either party. Sent letter of validation to both parties using summons receipt date as my 30 day validation clock.
Just read in Fair Debt Collection Practices Act that summons date can not be used for 30 day validation clock. Week after their receipt of my validation letter I received a letter of settlement which I did not reply to(don't want to start a prior dealings excuse) but no validation. Did some research on debt and found at least 4 prior "owners" of debt but haven't found the parties that are suing me. Can I assume they have no validation or can they say that any of their prior attempts of unsuccessful contact started their 30 day validation clock which is now expired and then surprise me in court with validation? It was only a $500.00 secured cc and they now want over $1000.00. SOL doesn't apply here.

[seniorjudge]

Ask for a trial.

Ask that the plaintiff (the creditor suing you) has a valid assignment from the original creditor (and that each assignee has a valid assignment from a prior assignor).

[marcus123]

Thanks for the reply. I hadn't read that defense as of yet, I will add it to my arsenal. I'd still like to know about the 30 day clock concerning validation letters and when the clock starts to tick for me or the plaintiff?

[aaron]

What they do or do not do in relation to the FDCPA may give you a cause of action against them under the FDCPA. But a violation of the FDCPA doesn't erase the debt.

[marcus123]

What they do or do not do in relation to the FDCPA may give you a cause of action against them under the FDCPA. But a violation of the FDCPA doesn't erase the debt.

Could a violation result in a dismissal, i.e. not receiving validation? That's my defense as of now, not receiving any validation. Only 2 days left if my 30 day clock theory is correct.

[marcus123]

Just replied to the court clerk on my summons. I stated in 2 parts, pt1. I deny this is my debt, and if it is my debt I deny that it is a valid debt, and if it is a valid debt I deny the amount. Pt.2 I replied that the plaintiff has failed to validate debt.
I also have recorded a phone call the lawyer's office made to me after they received a letter of validation stating to keep all communications by post. Maybe I can use that to counterclaim if I lose.
Trial date 6/9/08. Will let forum know what happened.

[marcus123]

Could someone decipher these Municourt records concerning the records on bottom of page about defendant Sara and RAB. What do the numbers to the right of the date mean, $1.00/450 etc.

Sorry, hyper link doesn't work will have to copy and paste.

http://www.ci.findlay.oh.us/municour....asp?cid=67915

[marcus123]

Just got back from court. After going into hall for mediation, lawyer inquires that I was asking for validation and that my reply to his summons( I deny I owe this debt, I deny this debt is valid and if I do owe this debt I dispute the amount) was too vague for him to answer to. Said he didn't know about validation letter , asked if I had return receipt date, showed it to him. Lawyer asked for continuance of 6 months. I stupidly agreed. Lawyer said validation required under FDCPA is very broad so he wouldn't need much. If he finds anything he will send it to me.
Courtroom lessen I learned#1. Don't approach the bench carrying a water bottle. That really pissed off the judge. Hopefully I won't have to see him again.

[marcus123]

Well, the 6 month continuence is over in 2 weeks. In the mean time I sent 2 more letters of validation to the JDB. They only sent me 2 simple statement of account from the JDB which included a highly edited version from a credit report. I stupidly sent an offer of compromise to settle the debt which they totally ignored. They also wrote and said not to send anymore mail to the lawyer but to send all correspondence to their out of state office. My question, is a statement of account from the JDB validation? Will a judge see this as validation?

[marcus123]

No takers. There's probably a couple thousand questions on this topic on the web and not a single resolution to any of them. From what i can gather the use of the FDCPA by a defendant is merely a stall tactic. All that's reqired for a Plaintiff to prevail is the name of the OC and some amount of money printed on a piece of paper. Plaintiff waves that said piece of paper in front of the judge and case closed. No questions asked as to wether that piece of paper has any legal validity. No provenance required.