[moonglowseven]

My question involves collection proceedings in the State of: ILLINOIS

I REQUESTED THAT THE ATTORNEY WHO IS COLLECTING FOR MY CREDIT CARD COMPANY VALIDATE THE DEBT. I HAVE COURT TOMORROW MORNING AND I STILL HAVEN'T RECEIVED ANYTHING. WHEN I INITIALLY BECAME DELINQUENT, AFTER NUMEROUS ATTEMPTS BY PHONE TO PAY THEM SOMETHING THEY REFUSED TO TAKE ANYTHING LESS THAN THE "NEW" MONTHLY PAYMENT AT 29.99%. AFTER SEVEREAL HARRASSING AND VERBALLY ABUSIVE PHONE CALLS, I CEASED TO TALK TO THEM. I AM DISPUTING THE DEBT. CAN I ASK THE JUDGE FOR A DISMISSAL BASED ON THE FACT THEY HAVE NOT GIVEN ME THE INFORMATION THAT I REQUESTED OF THEM? ALSO, THE LAST CONVERSATION WITH THE ATTORNEY FIRM/COLLECTION FIRM THEY WANTED ME TO SIGN A JUDGMENT FOR THE WHOLE AMOUNT AND REFUSED ANY PAYMENT PLAN AT ALL!!

[gigirle]

Please don't use ALL CAPS.
Yes you can ask the judge to have it dismissed. Its possible that the law firm representing the ccc is having a hard time validating it. Expect the law firm to ask the court for more time to produce/look for the information. Or they could just produce the information that you requested.

[aaron]

At this point, we have no information about when you first learned of the claim or if your request for validation was timely. A request for validation under the FDCPA, made after the initial notice period such that the debt is presumed valid, does not necessarily have any impact on a collection lawsuit. We also have no way of knowing if you simply filed a request for validation under the FDCPA, or if you followed the court's discovery rules. Please fill us in.

The attorney for the creditor doesn't have to negotiate a settlement for a penny less than you owe. The attorney also doesn't have to agree to a repayment plan.

[divemedic]

To expand on what the others said, even if you requested the validation within the 30 days, the failure of a debt collector to respond to an FDCPA request is not a defense to a lawsuit, but merely a cause of action for a federal lawsuit for the violation of the FDCPA.

Now, if you get to court, and the attorney cannot produce any documentation to prove you owe the money, THAT can be used as a defense. Then, assuming you sent the validation request to the debt collector within the 30 day limit mentioned in 1692g, then you can sue him in Federal court for failing to cease collection efforts.