Being sued. Advice?

[Anonymous]

I was served papers last night and fully intend to be in court tomorrow for pre-trial mediation. I was hoping for some advice from you guys. We sent the lawyer a Verification request on Feb. 12 and have heard nothing back. We also plan to file a Sworn Denial tomorrow before court because this debt is not ours at all. We've never stepped foot in a Bally gym. I am a noob at all this stuff and was wondering with all the facts being different what should I say or do should this go to trial. I believe they have at least re aged this. We disputed this either last year or the year before and it was taken off for quite some time but then just reappeared. I would like to get this over with once and for all. Thank you for any help you may offer!


Account: PROFESSIONAL RCVY SYST
Original Creditor: BLY-133
Acct #: XX6359
Type: Unknown
Bureau: XPN
Trade line Type: Individual
Date Open: 2005-11
High High Limit:
Original Balance: $984.00
Account Balance: $984.00
Last Reported: 2006-06
Account Status:
Date Paid:

Reasons we request verification of account:
Two different accounts showing different balances and the amount suing for is different from both of the account number shown on the court papers. Account XX6359 shows a balance of $984.00 while account XX6358 shows a balance of $1045, and still the court papers state that the balance is $881.30.

Showing different open dates and delinquent dates than what was stated on the court documents.
The credit report shows the date open as Nov. 2005 and last reported as June 2006 and June 2007 yet the court record shows the date being 10/29/04 of either the account being opened or delinquent (whichever is later).


Account: PROFESSIONAL RCVY SYST
Original Creditor: BLY-133
Acct #: XX6358
Type: Unknown
Bureau: XPN
Trade line Type: Individual
Date Open: 2005-11
High High Limit:
Original Balance: $1045.00
Account Balance: $1045.00
Last Reported: 2007-06
Account Status:
Date Paid:

[modernsurrender]

I thought if you DV'd that they could not serve you until they validated, someone with more knowledge (namely Lady_Scarlet) should pipe up soon lol 

But did you send the DC Cmrrr? 

And do you know you're SOL for your state?

[Anonymous]

I am hoping since they didn't validate that they will just not show up tomorrow and I will be there waiting. I also believe it is within SOL but it's hard to tell because I cannot get a straight "open date" out of anyone. Yes, we sent it Cert. mail but it came back with only a first name sig. and no date of delivery on it. The tracking only shows when it was accepted by me at the post office.

Message Edited by ceer78 on 03-11-2008 09:13 PM

[modernsurrender]

Yeah since it was opened in late 05 per the original post it has to still be in SOL, you should run a search for something involving the word sued and read up on other posts, there are a lot of them, and look for anything from Lady Scarlet, this seems to be one her favorite topics hehe

[Anonymous]

Do you have copies or your CR before the removal, after the removal, and after they re-inserted?

Were you notified that they were re-inserting the account?

Take all of your evidence with you. All CRs, all letters to/from CA. Anything you have concerning the debt.

Are you saying the same CA is reporting the account twice at the same time on the same report with different account numbers and balances?

I'd be taking proof of that too. Just from what you have said so far, sounds like with a good lawyer you can send off with their tail tucked between their legs and licking their wounds.

[modernsurrender]

---

Lady_Scarlet wrote:

Don't take anything out of the DV - it IS a notice also.And since they are threatening legal action the Lonnster DV is the appropriate one (it's what they would be required to provide if they pursue legal action) - that in itself (that you know what to ask for) may stop them in their tracks.

CA lawyers don't xcpect consumers to be smart, and they really don't expect a court battle when they are tryinng for a default judgment.  BTW, they can't actually sue (this was not a court summons) until they validate.

---

This from a post she made in response to a threat I had to be turned over to a lawyer last week, I'm pretty sure it was just an empty threat but I still DV'd them to stall the process if it wasn't.

Did you know about this debt previously or did you just discover it when you were served?

Message Edited by modernsurrender on 03-11-2008 11:17 PM

[Anonymous]

We knew about it when we checked our reports before we disputed and it was taken off. I can't find the old reports and have no proof of much. Due to my ADD I have a hard time keeping up with paperwork. The whole thing just smells like rotten fish.

[Anonymous]

Went to the pre-trial. Waited 3 hours to have a 2 min meeting saying we dispute this claim. The mediator said ok trial info will be mailed and that the CA will have to prove it's claim. It was weird the "lawyer" person wasn't even from the law firm on the court papers, it was like he was a fill-in since I doubt the lawyer wanted to come up from Miami. Is that normal?


Filed the sworn denial now I need to figure out how to Motion for Discovery so that they have to produce the original contract. If anyone could give me an idea on how to write one up or point me towards a Florida sample Discovery letter I will be forever grateful.

[Anonymous]

bump

[Anonymous]

If you DV the CA or the attorney (before the case was submitted) - if they did not VALIDATE (disputing ith the CRA is not the same) - a lawsuit IS considered collection activity per FTC and they are prohibited to continue collecting if they haven't validated (again per FTC in opinion ;letter) 

If you're in small claims they may have pre-printed forms.

Otherwise:

NO. (Cause No.)

CA NAME

VS.

(Defendant's Name)

§

IN THE COUNTY of _____ Small Claims Division

MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

   COMES NOW the Defendant, (Defendant's Name), in the above styled and numbered cause and moves the Court to compel the Plaintiff to produce and submit to the Defendant or Defendant's counsel copies of the following:

 Signed credit application between myself and the original creditor

 Copies of all signed vouchers from the date account was opened until default

 Copies of all statements from the date account opened until default

 Proof of Date of Last Activity by the Defendant and  First Deliquency on the account

 Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or  A copy of the contract wherein Debt Collection Company Name purchased the alleged debt.

 If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt

All other documents that Plaintiff intends to present at trial

An Affadavit as to the authenticity of all documents and how the documents were procured.

A list of all witnesses that Plaintiff will call at trial

   In support of this Motion the Defendant would show that the items and information requested are within the exclusive control and custody of the Plaintiff, the items are not privileged, and that, absent such discovery, the Defendant's rights under   (your state code of discovery) are impinged.

The Defendant respectfully prays that this Honorable Court grant this the Defendant's Motion for Discovery and Inspection.

  Respectfully submitted,

____________________________________
(Attorney's Name, Address, Bar Card No.)
ATTORNEY FOR DEFENDANT (Name)