Sued by HSBC for $15,000 on a debt not owed!!!

[Anonymous]

My friend had some accounts on collections and ignored all attempts in the past. Now she received a notice in the mail saying she has 30 days from receipt to appear in court for this debt of $15,000 from HSBC. The problem is she swears it's not her debt. Is there a point in DV at this point or is it too late? Thanks in advance.

Dave

[Anonymous]

first CR must be pulled....see if it is on there. ....If it is  dispute with all CRa that are reporting!

What is your SOL???

If on CR...DV at the same time as dispute. CMRRR!!!!!!! 

Call the courthouse & be sure that it is from them. Some CA send false paperwork.

You must answer court papers....If you do not they will get a judgment by default.

If it were me I would get a consumer attorney to go to court with me.

Message Edited by HappyDays on 09-12-2007 10:45 PM

[Anonymous]

Unless she signed for that court summons letter......she can continue to ignore this, because there is no proof she ever got the letter. If she did signed it....all too late and better explain it all to the judge. The judge most likely will be on consumer's side. Not a big deal, really. She'll be in and out. Tell her not to be afraid.

Good LUCK!

[Anonymous]

Never signed, letter arrived by regular first class mail. Debt is listed on EQ and EX, but we had a problem confirming her identity with TU online. Accounts are scheduled to remain on CR's through Apr 2009. If the SOL in NY is 6 years, that would mean SOL is up by Apr 2008, right?

[Anonymous]

In CA

The court appearance is valid when someone rings your door bell and hands you ( in you hand and says: you've been served ).

Another courts: local, small claims and some municipal had gotten away with just mail the letter certified. So if she gets anything she has to sign for from the USPS , she can demand to see the letter and who is it from before signing. Generaly it's better not to sign anything considering they want to collect and using these tactics.

wow.

Message Edited by montana on 09-12-2007 11:13 PM

Message Edited by montana on 09-12-2007 11:17 PM

[Anonymous]

looks like you are within SOL....DOFD should be 2002.....SOL would be 2008 yes.

In some states it can come by reg.mail.  Call the courthouse and ask them how a it MUST be served.

What I would do:

call courthouse  first ask how it should be served (process server,certified mail  or reg.mail) IF the answer is reg.mail....say thank you & hang up....call again later * hope to get someone else. ask all questions to find out what to do.....I would call about 12:15 pm  and again 1:15pm....they have to have a lunch hour somethime.

[Anonymous]

Many thanks for all the replies. Is there any reason not to just ask the court whether it is a valid case #? In addition, do we also dispute with CR's as "debt is not mine" and DV, or is it best to just feign ignorance for now (if the case is fake)?

Message Edited by ChaoticKinesis on 09-13-2007 02:24 AM

[Anonymous]

Send DV  today  CMRRR

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State Of New York.

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State Of New York Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards

DO NOT SIGN.....JUST TYPE YOUR NAME

[Anonymous]

dispute all CRA    NOT MINE

[Anonymous]

Thanks you so much HappyDays and Montana!

Message Edited by ChaoticKinesis on 09-13-2007 03:19 AM