request for verification letter

[bbrentlinger]

I received a summons for a debt that I did not know existed.  I would like the CA and the Attorney to verify this information before a judgment is rendered.  Does anyone have a letter or tips?  If the debt is mine, I would like the opportunity to pay the debt but not because a lawyer has it and is threatening suing me.  I never knew that there was a debt in collections as it hasnt shown up on my cr.  suggestions?  letter templates?  I have until the 3rd to mail this out.

thanks!

[DaBears]

Does the summons state who is the creditor and does it say when the DoFD was?

[bbrentlinger]

it says the creditor which is a bank that we used to have.   no dofd

[RobertEG]

If they sent prior dunning notice, and more than 30 days has expired since the date of that notice, any request for debt validation that you now send would not invoke any cease collection bar on them, and thus they have no obligation to provide verification before proceeding with their collection on the debt.

In their summons, I presume the court asked for your response.  You should reply with whatever questions you may have.

If you go to trial, the pre-trial discovery process provides for the defendant to request any documentation/evidence in their possession related to the basis of their legal action.

You thus will not receive a final judgment until they prove the legitimacy of the debt in court.

Since they have filed legal action, you would be best served to hire your own attorney, and thus ensure your concerns are raised in the appropriate manner.

It appears that time may have passed for obtaining debt verification thru the administrarive DV process.

[DaBears]

+1, I would seek legal advise from a consumer attorney.

[bbrentlinger]

I received a letter for Request of Admissions.  They provided the verification of the debt and it is mine.  I am going to send them a certified check for the full amount.