No DV letter response, served summons instead

[WhovianPixie]

Hi everyone. I sent a validation request for a $5k-6k charge off debt with Discover that was sent to an outside collections agency/law firm. It was a few weeks of hearing nothing back and I was intending to reach next week or so out to try and settle but they just served me with a summons and complaint. There's no court date but it says to file an answer with the attorney and court within 30 days. I'm confused bc I thought a dv request pauses collection efforts (which I kinda needed to try n build up savings to settle). Does the summons count as a response to my dv letter? Can I still work something out? I just want to get this settled and off my credit. Not sure how to proceed outside of figure out filing an answer. Any help is appreciated. Also, I had recent emergency vet bills for my terribly ill cat wipe me out so I no longer have any lumpsum to offer right now.

[OmarGB9]

Was your DV sent within 30 days of their initial dunning notice? If not, then they had no obligation to respond.

[WhovianPixie]

Hi, yes it was sent within the 30 days. I sent it CMRR and I got the return receipt. Oddly enough in the complaint I think there is language saying since I didn't respond in timely matter the debt was assumed valid and that's why they're suing. I'm not a lawyer so I dunno for sure. Either way I'm confused bc I clearly responded before 30 days. 

[Gigi-DFW]

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@WhovianPixie wrote:

Hi everyone. I sent a validation request for a $5k-6k charge off debt with Discover that was sent to an outside collections agency/law firm. It was a few weeks of hearing nothing back and I was intending to reach next week or so out to try and settle but they just served me with a summons and complaint. There's no court date but it says to file an answer with the attorney and court within 30 days. I'm confused bc I thought a dv request pauses collection efforts (which I kinda needed to try n build up savings to settle). Does the summons count as a response to my dv letter? Can I still work something out? I just want to get this settled and off my credit. Not sure how to proceed outside of figure out filing an answer. Any help is appreciated. Also, I had recent emergency vet bills for my terribly ill cat wipe me out so I no longer have any lumpsum to offer right now.

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I'm so sorry you've been served. I have a couple of questions regarding the dates of events:

1. What is the date of Discover's/attorney's letter and when approximately did you receive it? Was it sent by certified mail, RRR?

2. What day did you send your response letter; when was it postmarked and do you have proof of the date of mailing (postmark on the white slip that the USPS gives back to you when you mailed a letter CMRRR) and what day did a representative for the other side sign for it?

3. What is the date of the court filing?

I'm curious whether the other side followed the date timeline requirements set out by law/statute.

[WhovianPixie]

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@Gigi-DFW wrote:

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@WhovianPixie wrote:

Hi everyone. I sent a validation request for a $5k-6k charge off debt with Discover that was sent to an outside collections agency/law firm. It was a few weeks of hearing nothing back and I was intending to reach next week or so out to try and settle but they just served me with a summons and complaint. There's no court date but it says to file an answer with the attorney and court within 30 days. I'm confused bc I thought a dv request pauses collection efforts (which I kinda needed to try n build up savings to settle). Does the summons count as a response to my dv letter? Can I still work something out? I just want to get this settled and off my credit. Not sure how to proceed outside of figure out filing an answer. Any help is appreciated. Also, I had recent emergency vet bills for my terribly ill cat wipe me out so I no longer have any lumpsum to offer right now.

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I'm so sorry you've been served. I have a couple of questions regarding the dates of events:

1. What is the date of Discover's/attorney's letter and when approximately did you receive it? Was it sent by certified mail, RRR?

2. What day did you send your response letter; when was it postmarked and do you have proof of the date of mailing (postmark on the white slip that the USPS gives back to you when you mailed a letter CMRRR) and what day did a representative for the other side sign for it?

3. What is the date of the court filing?

I'm curious whether the other side followed the date timeline requirements set out by law/statute.

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Hi! and thank you 

The letter didn't have a date listed on the header or anywhere (which makes me uneasy in hindsight) but it was postmarked around Aug 25th if I recall correctly. Received it few days later. Was sent regular mail, plain envelope with no company name just the CA's PO Box.

In their letter they did say I had until Oct 4th to respond but I wanted to get it done before then.

2. Due to some personal issues (and my freaking printer breaking and having to get a new one... I had the worst luck September I swear lol) I had a little delay but my letter was postmarked Sept.17th and they received and signed for it Sept 20th according to the tracking. 

3. Court date filed according to summons was Oct. 19th.

[WhovianPixie]

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@WhovianPixie wrote:

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@Gigi-DFW wrote:

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@WhovianPixie wrote:

Hi everyone. I sent a validation request for a $5k-6k charge off debt with Discover that was sent to an outside collections agency/law firm. It was a few weeks of hearing nothing back and I was intending to reach next week or so out to try and settle but they just served me with a summons and complaint. There's no court date but it says to file an answer with the attorney and court within 30 days. I'm confused bc I thought a dv request pauses collection efforts (which I kinda needed to try n build up savings to settle). Does the summons count as a response to my dv letter? Can I still work something out? I just want to get this settled and off my credit. Not sure how to proceed outside of figure out filing an answer. Any help is appreciated. Also, I had recent emergency vet bills for my terribly ill cat wipe me out so I no longer have any lumpsum to offer right now.

---

I'm so sorry you've been served. I have a couple of questions regarding the dates of events:

1. What is the date of Discover's/attorney's letter and when approximately did you receive it? Was it sent by certified mail, RRR?

2. What day did you send your response letter; when was it postmarked and do you have proof of the date of mailing (postmark on the white slip that the USPS gives back to you when you mailed a letter CMRRR) and what day did a representative for the other side sign for it?

3. What is the date of the court filing?

I'm curious whether the other side followed the date timeline requirements set out by law/statute.

---

Hi! and thank you 

The letter didn't have a date listed on the header or anywhere (which makes me uneasy in hindsight) but it was postmarked around Aug 25th if I recall correctly. Received it few days later. Was sent regular mail, plain envelope with no company name just the CA's PO Box.

In their letter they did say I had until Oct 4th to respond but I wanted to get it done before then.

2. Due to some personal issues (and my freaking printer breaking and having to get a new one... I had the worst luck September I swear lol) I had a little delay but my letter was postmarked Sept.17th and they received and signed for it Sept 20th according to the tracking. 

3. Court date filed according to summons was Oct. 19th.

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And yes I have all my CMRR material to prove mailing dates and whatnot 

[gdale6]

A clarification is needed from what I see here. you sent a DV to the attorney representing Discover. A DV is only applicable with a collection agency it has no effect when its served on an OC or their attorney. I will also say that it doesnt take much to validate a debt, your name and a statement from the OC is sufficient.

At this point I would move to come to an agreement outside the court process and have the court case dismissed.

[WhovianPixie]

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@gdale6 wrote:
A clarification is needed from what I see here. you sent a DV to the attorney representing Discover. A DV is only applicable with a collection agency it has no effect when its served on an OC or their attorney. I will also say that it doesnt take much to validate a debt, your name and a statement from the OC is sufficient.

At this point I would move to come to an agreement outside the court process and have the court case dismissed.

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Ah, I was following the instructions on the Dunning notice letter they sent me. All it basically said was this is a debt we're trying to collect, you have a right to request validation of this debt under FDCPA, here's our address. I would have just tried to work something out in the beginning if I knew it was pointless asking for validation.

Everything I researched said to send a DV first and go from there.

[gdale6]

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@WhovianPixie wrote:

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@gdale6 wrote:
A clarification is needed from what I see here. you sent a DV to the attorney representing Discover. A DV is only applicable with a collection agency it has no effect when its served on an OC or their attorney. I will also say that it doesnt take much to validate a debt, your name and a statement from the OC is sufficient.

At this point I would move to come to an agreement outside the court process and have the court case dismissed.

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Ah, I was following the instructions on the Dunning notice letter they sent me. All it basically said was this is a debt we're trying to collect, you have a right to request validation of this debt under FDCPA, here's our address. I would have just tried to work something out in the beginning if I knew it was pointless asking for validation.

Everything I researched said to send a DV first and go from there.

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Oh, this is an attorney that runs a CA. Well they would have to stop if the DV is within the first 30 days of them getting the collection but that doesnt necessarily stop the OC from suing. Most unfortunate all this is going on. When the debt is still with the SOL one would not want to do this unless they had the means to settle with the creditor. You might want to have an attorney who is versed in consumer credit take a look at it all. its possible that they violated the law. In any case you need to answer the court within the prescribed time so a default judgment isnt entered even though you may be working with them to settle outside the court system. I wish I had better advice to give.

[WhovianPixie]

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@gdale6 wrote:

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@WhovianPixie wrote:

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@gdale6 wrote:
A clarification is needed from what I see here. you sent a DV to the attorney representing Discover. A DV is only applicable with a collection agency it has no effect when its served on an OC or their attorney. I will also say that it doesnt take much to validate a debt, your name and a statement from the OC is sufficient.

At this point I would move to come to an agreement outside the court process and have the court case dismissed.

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Ah, I was following the instructions on the Dunning notice letter they sent me. All it basically said was this is a debt we're trying to collect, you have a right to request validation of this debt under FDCPA, here's our address. I would have just tried to work something out in the beginning if I knew it was pointless asking for validation.

Everything I researched said to send a DV first and go from there.

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Oh, this is an attorney that runs a CA. Well they would have to stop if the DV is within the first 30 days of them getting the collection but that doesnt necessarily stop the OC from suing. Most unfortunate all this is going on. When the debt is still with the SOL one would not want to do this unless they had the means to settle with the creditor. You might want to have an attorney who is versed in consumer credit take a look at it all. its possible that they violated the law. In any case you need to answer the court within the prescribed time so a default judgment isnt entered even though you may be working with them to settle outside the court system. I wish I had better advice to give.

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Understood, and your response has been helpful! I'm a ball of anxiety so I appreciate it. I'll try to work on an answer to the summons and reach out to attempt arrangements outside court.

If they're willing to work out something, how would I make sure it's dismissed so they can't re sue and it's not reporting the chargeoff? Discover is the one reporting monthly, not the CA. I think it's called dismissal with prejudice(?)