denial letter

Submitted by mullin20 on Thu, 12/11/2008 - 23:52
Forums

I recieved a summons to a credit card debt. I want to provide a general denial letter to the court. does anyone have a form letter i could look at to get some ideas. Should i deny everything or be more general.

Deny the list one by one and return a copy to the court, you also have to provide the company that is suing you with a copy also. You should send the copy to them certified mail return reciept requested.

Make sure you keep copies of everything.

Fri, 12/12/2008 - 00:45 Permalink

Denial Letter? Haven't heard of one. Is this a letter stating something like you don't own the debt, etc? Ya learn something knew everyday..I suppose. LOL

Fri, 12/12/2008 - 05:51 Permalink

Hi mullin
There is nothing called the denial letter. If you have received a court summon you need to file an answer to the summon within 21 days from the date you receive the summon else the creditor can bring a default judgment against you to recover the debt. When you file an answer to the summon you can mention there that you do not agree to the debt. You will find the form from the clerk's office in the court from where you received the summon.

Fri, 12/12/2008 - 10:08 Permalink

I agree with Anthony. I have never heard a letter called the denial letter. If the court has send you a summon you must file a response to the summon within 21 days(including holidays) in a prescribed manner which you will get from the court itself. After filing the response you can send a debt validation letter to be sure whether you actually owe the debt the CA is claiming.

Fri, 12/12/2008 - 11:33 Permalink

I believe what Good natured was talking about here was answering the summons itself. Usually when there is a summons you will see a list of things on there and you have to go down through that list and deny the ones you feel are not valid. I believe this is the typical way of answering summons. I myslf never heard of a denial letter either. I believe this is what the poster may need to do if they feel they do not owe the debt.

Fri, 12/12/2008 - 11:37 Permalink

SOO...there is no such thing as a Denial Letter? MMMmm. I think, on another thread, I saw something about a Denial Letter.

Sat, 12/13/2008 - 03:30 Permalink

Nope no denial letter. Like I said I believe the person is speaking about how to actually answer a summons. The only type of denial letter I know of is when you apply for some type of credit or credit card and they send you a denial letter in the mail with the information of where and who they used to pull your credit report. They have to let you know this fact.

Sat, 12/13/2008 - 03:52 Permalink

Ok...I catcha, FIERYONE. God knows, I've received lotsa Denail Letters from people,companies..LOL

Sat, 12/13/2008 - 03:57 Permalink

Denial letters can also be send by the collection agency or the creditor when you send a pay for deletion letter. They may deny to pay for deletion agreement even if you pay off the outstanding debt by sending you a denial letter. Again, as Fireyone said, if you request a new credit card or want to open a new line of credit and you do not have a good credit history then the credit card company or the creditor may send you a denial letter showing their unwillingness to give you a credit card.

Sat, 12/13/2008 - 09:08 Permalink

Yea..that's true. I apply for credit to try to improve my Credit score. But...........I guess I can see the 'other sode' of it. If I was a lender, would I want to take a chance on a 'high risk' consumer?

Sat, 12/13/2008 - 09:45 Permalink

***I am not a lawyer.... I am not offering legal advice... There is no substitute for competent legal advice.***

The "general denial" is typically a "[Defendant's] Original Answer".

Go to your local court's website... Find a case similar to yours, preferably one including the same Plaintiff, but handled by an atty. There will likely be a case with such an "answer" filed. Go to the courthouse, and get a copy. If it applies, modify it, and file it...

Remember---these collectors are far more interested in a default judgment than a lengthy court battle. It'll probably be dropped if they think you'll fight it... Especially if it's a smaller amount...

Sat, 12/13/2008 - 13:29 Permalink

A couple question on this Doc. Does all courthouses have web sites that you can view cases on line? I believe I have heard this before. I know around here you can go to the courthouse and in the clerk of courts office there is a computer or two where you can enter ANYONES name and see if there is anything like judgements, child support and such listed on them. Also what do collection agencies consider a smaller amount. These days with the massive credit card debt deliquencies alot our really high amounts. What in your opinion qualifies as a smaller amount?

Sat, 12/13/2008 - 14:10 Permalink

No... Some courts do, some don't....

Amount size is a "subjective" thing.... Generally, if someone is gonna sue over a debt, it needs to be for far more than the court costs and attorney's fees would be... (Even though they collect them if they win...)

The other side of that is, they run the risk of a countersuit... If they lose their original case, AND they get counter sued and lose, they really stand to lose alot.... They generally won't mess with anything that they run the risk of such a significant loss....

Sat, 12/13/2008 - 17:24 Permalink

So this is a really big if. I guess they really would have alot at stake by going to court. I am assuming by counter suit that you are talking about the debtor bringing on harassment charges against the collector. I always wondered when they bought these little debts that really did not add uo to much why they would bother. Thank You for explaining all of this. You sure do know your stuff.

Sun, 12/14/2008 - 00:40 Permalink

If they are granted the right to add interest/fees to teh original amount, as a result of their agreement with the creditor from which they bought the debt, there is no limit to the timeframe... They can add it indefinitely... Best to ask them for a detailed accounting of the debt since it's inception, including any fees or interest...

Mon, 12/15/2008 - 12:16 Permalink
Tricia (not verified)

I too have heard of this. I believe it was called a graduated letter of denial. Something like I deny this is my debt but if it is my debt i deny the amount but if the amount is correct I deny............. I believe the purpose was if you had filed a letter of denial they have to provide an actual person who is familiar with the accounting of your specific account to be questioned in court. keep in mind I knownothing of the law this was just what I had read. I actually have to go to court later this month. I have sent a certified letter asking for proof of the bill but never recieved a responce. Can they just provide that in court? Do I have the option do delay since I had not recieved the information earlier? Thanks in advance for any help

Sat, 05/09/2009 - 01:54 Permalink
rachael (not verified)

Hi Tricia,

Is it almost 30 days that you have sent your debt validation letter? If yes, then you can send a demand letter, mentioning that you have not received a proper validation of your debt. Also enclose copies of you first debt-validation letter and the return receipt. Still if you do not receive any valid response in say about 2 weeks time, you can ask your creditor to remove the particular item from your credit report. Under the laws of Fair Credit Reporting Act if your creditor has not been able to validate your debts, you are no longer liable to pay him. Try this out, maybe you don't have to go to court at all.

Sat, 05/09/2009 - 05:58 Permalink
Terri (not verified)

In Maryland there is a Denial Letter. Each state differs in the way they handle things. In TX, Calif. and most states there is an actual form for handling a general denial that HAS to be used. Check with the court and see if they have a specific form. I just spoke to a court today in MD that specifically said a denial letter as they don't have a form.

Thu, 07/02/2009 - 01:26 Permalink

You can also deny when the send you a summons too. You are correct when you write every state is very different. Some states, at least I know PA does, has a section on their states website concerning credit card debt, rules and such. You may want to check there first and get some answers.

Thu, 07/02/2009 - 12:23 Permalink
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Denial letter could be from bank and credit Bureau companies.
when you signed a contract and put a deposit and cannot get a mortgage, then you need a denial letter from bank and credit score company stating your score do not quialify to get a loan in order to get back your deposit. Otherwise you will lose your deposit.

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