Moderators---Question

[Anonymous]

I dv'd a company twice no answer.  I was served a summons to a house i do not or have never lived at.  I was related to the person however.  Is this possible and what do i do?

i have 2 green cards and proof of the letters they rec'd with my current address for the past 5 years.

thanks

[LIGHTNIN]

In order for a Mod to answer you question.......Would need more info

Did someone accept the summons?

You would need to know if you where served correctly. What state do you live in?

Who did you send a DV letter to?

What type of account was this for ? CC, medical, auto loan etc

What is the DOFD?

Are you passed SOL or within?

This info will help whoever replies. 

[llecs]

---

rosie0229 wrote:

I dv'd a company twice no answer.  I was served a summons to a house i do not or have never lived at.  I was related to the person however.  Is this possible and what do i do?

i have 2 green cards and proof of the letters they rec'd with my current address for the past 5 years.

thanks

---

Ditto to LIGHTNIN's questions. Also like to ask did you DV within 30 days of receiving the initial collection letter from them?

On the Moderators comment, what do we know?! Our advice is marginal anyway.

On a serious note, virtually all of the poeple in here actively fixing their credit can answer this question (or at least the ones open to taking a stab at it). IMO, some of the best advice in here come from those who are sending out DV letters, writing letters, ordering reports, etc. In other words, those who did the work, and even made mistakes along the way, offered up the best advice.

[Anonymous]

i sent it to CAch the address listed as well as the other one I found researching.

it is cc debt and the SOL is 5/10.  I live in illinois and it was served to a relative after proding the guy said well you know the person here it is.

DOFD is 5/05.

it was an alias summons?????

[Anonymous]

ok..sorry didn't know the difference with moderators or contributors.

sorry to all. I got my report in april and DV'd twice with CMBRR, I never rec'd a dunning notice and did not know it was on my credit report.

sorry again, did not mean to insult anyone.  sorry

[llecs]

---

rosie0229 wrote:

sorry again, did not mean to insult anyone.  sorry

---

You didn't insult anyone.

---

rosie0229 wrote:

 I got my report in april and DV'd twice with CMBRR, I never rec'd a dunning notice and did not know it was on my credit report.

---

Throwing in my 2 cents, and to clarify, you weren't served, right? You probably didn't receive a dunning letter because they didn't have your address and guessed based on prior property records, through skip tracing, etc. On the summons front, if not too late, answer it. Very important. If the court date came and went, there's a way to get it rescheduled or even thrown out if you were improperly served, but I defer to the pros on here.

You did everything right. In addition to talking to the court, you should also look up the CA to see if they are registered in IL and registered in their state (if applicable). Also look up your state's statutes to confirm the SOL. Some sites listing SOL list it incorrectly. I found errors within Bankrate's site as well as a similar repair forum's site. Error on their end, state law changes, or whatever, it's worth looking closely at. If for sure inside SOL, make sure you have the $$$ saved to PIF if you had to. I'd hold short pending getting this court stuff straightened out.

[RobertEG]

I will also throw my two cents in.

Dont put too much stock in the DV process.  It is only what it is, and nothing more.

The DV process under FDCPA 809(b) is primarily a tool for consumers to block active collection activity by a CA until such time as the CA chooses to verify the debt.  The CA is under no statutory period to ever respond to a DV request.  And failure to respond to a prior DV request never bars them from bringing legal action.

If validation of the debt is an issue in their legal action, you can compel it through the legal pre-trial discovery process, under authority of the court.

Their failure to respond to your prior DV requests under the FDCPA was not a violation on their part.  Look to your lawyer, and not the FDCPA DV process, for discovery of what you need.

Best of luck!

[llecs]

---

RobertEG wrote:

And failure to respond to a prior DV request never bars them from bringing legal action.

---

I'll take the opposing view here...thinking back to the Boatley case, the tenant (Boatley) owed money to her landlord after moving out of her apartment or home or whatever. Boatley moves out and the landlord tried to collect. With no success, the landlord (or apartment complex, etc.) hires a CA (Diem). This CA fails to send a dunning letter (and even admitted to that if I recall) and immediately proceeds to report on Boatley's CRs and starts to sue her. Boatley sends a DV letter within 30 days of it reporting and answers the summons and it goes to trial. Someone correct me if wrong, but I think she lost in District court, but was overturned on appeal. It was overturned in part because the collection fees were ruled illegal, but it was also overturned because the act of bring forth a lawsuit went against the grain of the FDCPA because initiating the suit was considered collection activity. My 2 cents.

Message Edited by llecs on 01-26-2010 04:44 PM