Now what do we do?

Crystal, You should take the proof that you asked for debt validation to the courthouse with you. You have the right of debt validation. If the debt is not validated I do believe they will lose the right to collect. If it has not been long since you asked for debt validation then you may have to wait a bit longer. Some times the validation process can take upto a month or so.

Crystal, was the summons the first contact? Because normally the DV letter is sent within 30 days of first contact.

if this was first that you heard of the debt then it is illegal for them to proceed with the court case.

if not then you will have to argue about the DV. The can't rule on this case with out providing you with discovery.

CINNGIRL.....that's true (with not being able, legallly, to proceed with anything). However......doesn't the OP have to prove that no validation was provided yet? can't the CA (etc?) say, "yes..we provided the information within the time allowed?" Hope my question is clear.

How does the OP prove a negative? and there is no "time allowed" for the CA to validate. the law states that they must stop collection activity until validation is sent.

I don't think that the CA will try to lie about already sending the info. what they might try is saying that we sent the dunning letter on x date and the 30 days for the OP to request validation has elapsed.

there are some appelate cases on the fact that a DV will force the CA to stop activity even if they have filed a legal case. discovery does not equal validation.

also
What state do you live in?
how old is this debt?
who is the original creditor?
is this on your credit?
Is the negative tradeline a Collection Agency or the Original Creditor?

With CA's (sometimes)..it sounds like they 'have you where they want you' type of thing..ya know? The entire process can get frustrating.

but this isn't one of those situations. hopefully the suit will be dismissed.

google Spears v. Brennan March 2001

What a minute.....did I miss something?? "Discovery?" ..and the meaning? "Discovery doesn't mean validation."....did I misunderstand something? (i read through the thread, again...didn't understand it).

discovery= all the proof an opposing side will present in court. you are entitled to this in any suit.

DV =proof that the debt is yours, valid and the status of the party contacting you (owns debts or working for the OC).

they seem similar but they are not equal. and the CA has to provide DV before the lawsuit can proceed. it may be grounds for dismissal.

I want to ask a question of the OP. you said that this was the first contact by this individual. when was the first contact about this debt? give the history, oc, etc.

this is ok. scheduling is what the court does. So why can't your husband attend? what salt mine doesn't give you 2 days off with 3 months notice? but that being said all reasonable continuances will be honored. worse, a scumbag CA tactic is to never provide discovery and just keep continuing until you finally can't make a court date and get a judgment.

What state do you live in?
how old is this debt?
who is the original creditor?
Is the negative tradeline a Collection Agency or the Original Creditor?

could you please answer these questions? thanks

great, you live in MI. Could you tell me the rest.

what is this debt?
what is the name of the lawyer? is a CA named?
Has the original creditor been named?
Are there any dates listed?

Ok, let me start with you can't represent your husband in court. Even if he has an attorney he must appear in court. Failing to appear could allow these scumbags to win the suit.

I need you to do two things this week. file a complaint against the law firm with MI attorney general. from what I have found on the net you wouldn't be the only complaint. you say that they are suing you for debt that isn't yours. say they refuse to provide any supporting documents despite your request (DV) send a copy of the CMRRR

file a complaint with the Office of the Comptroller of the Currency (OCC) against Chase. tell them that Chase allowed a fraudulent account opened in your (husbands)name which you now being sued. Hopefully Chase will send a letter stating that your husband doesn't have any credit cards with CHASE.

Have they given you an Account Number? you could also write to chase CMRRR and ask for proof of this account (623)

So what I am hoping is that these complaints will get some records sent to you and you will be able to prove that this is fraudulent.

So why are you so stressed about your husband missing work? as I said before the court will accept a reasonable continuance and you do have 3 months notice. I really hope that if you file these complaints the suit will fall apart.

Also, thank you for asking for help so far ahead of time. It is nice to be able to give help when there is time to do something real. So many people post stuff HELP! I have court tomorrow! I really think you have a chance to fix this keep heart

The address for the OCC is in the links in my signature under complaints

COLLECTIONS
Creditor Collection Practices

Office of Attorney General
Consumer Protection Division

PO Box 30213
Lansing MI 48909
877-765-8388 (toll free in MI)
www.michigan.gov/ag

I didn't make a clickable link because credit would disable per policy

It's really sad that these "scumbags" think they can do what they want and think they are 'untouchable'. CA's aren't above the law, either. Very frustrating dealing with them.

It is illegal for them to send this until they send you DV. I am serious about complaining to the OCC and the AG. I would send them a letter saying this

it is a violation of federal law for you to continue collection activity before responding to DV. I am reporting this to the AG and OCC. include a copy of your previous DV

Hi crystalallstarz,

I think you should wait for a few days before taking any action.

Thanks,

Aaron