[tamara101]

My question involves collection proceedings in the State of: Pennsylvania


Hi, I am wondering if anyone could give me some advise. I recently recieved a summons for an old credit card debt. I decided to plead "intent to defend". i was not disputing the debt, just the amount owed. They said I owed $1300 and I believe the limit on the card was $600.

I sent the collection attorney a certified letter requesting a letter of validity. I asked that it include the origonal signed document, last activity and so on. They declined to produce the document before the hearing. At the hearing they requested a 45 day continuance to give them time to procuce the documents. I agreed to the continuance. i am not sure if i did the right thing, could I have asked for a dismissal?

After the hearing the attorney told me that she may have to ask for another continuance because they are having a hard time getting the documents from the origonal creditor.

Up unil the date of the hearing, the lawyers offices collection department has harrassed me and other family members with an automated phone calls. They were calling my sisters house and my mothers house non stop as well.

I have no problem paying the debt as long as I know what it is for. Ijust want to make sure they didnt tack on fees that i am not responsible for.

I am not sure if I should wait the 45 days for the validation letter and if i dont recieve it, should I write a letter requesting it be dismissed? I feel the company had plenty of time to provide me proof of the debt. i am not sure of the proper procedure. Do I send the magestrate a letter to dismiss? I dont want to let them keep delaying this. Not sure what the next step should be. i would greatly appreciate any advise...

[Mr. Knowitall]

I don't know if you believe this to be a FDCPA matter, or if this is being treated by the court as a discovery request, or if it's some sort of fusion of those two concepts. But if the court gave them 45 days to produce documentation and they are unable to do so, I would ask the court to dismiss on that basis.

[tamara101]

Hi, I requested validation of the debit.. I did state in the letter that according to the fdcpa I am entitled to the following documents. I requested the original signed contract, SOL, payment history, proof that the company was assigned to the debt.. etc... I am unsure of the difference between validaton and discovery???? I want to request that it be dismissed if the attorney can not provide the documents requested.. I am not sure if I should do it in writing to the majestrate (judge) before the hearing or if I should show up and wait until they ask for another continuane.. The attorney told me after the hearing that she was having a hard time getting the documents because the debt was bought in bulk.... I cant keep missing work and i was thinking about writing the judge and asking ...if I do not recieve the validity (discovery???) document prior to the hearing, that it be dismissed. I am not sure of the proper procedure to follow.. Here in PA we go to the majestrate and it is somewhat informal.. Thanks for the reply to my message.. Any help is greatly apprecaited..

[tamara101]

I don't know if you believe this to be a FDCPA matter, or if this is being treated by the court as a discovery request, or if it's some sort of fusion of those two concepts. But if the court gave them 45 days to produce documentation and they are unable to do so, I would ask the court to dismiss on that basis.

Hi, I accidentally replied to your post as a reply to my own thread...woops!!... if you scroll down .. or up?? .... you will see what I wrote.. sorry, I am new here