In July 09 I requested a debt validation in response to a letter from a collection atty for GE Money Bank (retail credit card account) asking for payment. This account originated with a retail store and I guess was bought by the collection firm.
At the end of November 09, I received copies of all the statements, but that is all. At that time I looked through them and intended to continue with another letter, but I must have forgotten with the holidays and all.
Anyway, the pile got buried all this time and quite simply I forgot about it. I never heard from the collection attorney again.
On Sunday I was served with an alias summons for this account - after receiving the summons I went through all my stuff and found all the copies and have reviewed them with their response letter.
I didn't receive copies of the original contract and the response letter only states that the communication is from a debt collector. The letter says that I will find the billing statements enclosed, and asked that I contact them to discuss payment arrangements.
After reading up on this forum, I see that an original signed contract was to be included....so, what do I do now?
I was going to write them to discuss a payment arrangement prior to the summons date (which I intended on answering), but if they did not provide all the documentation that legally they need to in response for VD, does that help my defense?
Thank you.
Forums
correct validation of debt
Hi xyz,
Welcome to this community :)
Can you tell whether or not you have the proof of the debt validation letter sent to the collection agency? What was there in the statements? As for the summons, you need to answer to that. You can try to negotiate a payment arrangement with them. That may work out.
Billing statements are a part of the debt validation proof. The other documents that a creditor is required to provide you as your debt validation proof are copy of the original agreement, and proof that the collection agency has the authority to collect the dues from you. However, not all collection agencies provide you with all the papers. They may provide any one or two.
Thanks,
Aaron
do the statement show payments and charges? this will pretty much prove the account. you see, the judge will say why would you pay something that is fraud?
Thank you. I drafted a letter to them and was going to send it certified this week - if a settlement is agreed upon before the date, can the collector withdraw the complaint without me in court?
You should still show up to court.