How to Fight Collection Agency at Small Claims Court

**ms32793** · 07-06-2008, 01:10 PM

My question involves collection proceedings in the State of: FLORIDA

credit card Bank: Capital one, Collection agency : Hayt, Hayt & Landau.
Last activity on this acct was in 2003.
in 08/07 I was trying to get a job w/ a US govrnt contractor. Therefore all accts on my credit reports had to be uptodate, so I started sending paymt to the above name agency. But I told them " that I am not agreeing with this, but I had no choice but to pay, in the mean time you need to send me validation, receipts of paymts I made and statmnts". And never receive anything. I kept making paymts. Until last april pf 08.
Now I received a letter from court to appear.

Questions:
Can I still dispute this? How can I fight it in court?
The job I talked about above, is still pending, they should finalize the offer soon, but they will run my background check again, and no case should be open, like this one. that means they will not offer job while I have an open case in court no matter what it is. What can I do to close this?. I knw by paying the agency, but I have no money. I was going to pay them off after I started working. balance + - $3000, I was paying $215 + 20% interest.

If any one outhere can help please.
Thank you for being here for us all.
thnks

**lwpat** · 07-06-2008, 06:43 PM

There is nothing you can do except pay since you owe the money. In court they will have to prove what you owe.

**divemedic** · 07-07-2008, 01:18 PM

By paying on this, you did a few things:

1 You admitted the debt was yours
2 You tolled the SOL

There is little you can do now. If you were beyond the first 30 days after initial contact, they do not have to cease collection under the FDCPA when you request validation.