Obtaining Verification

#1 04-10-2006, 07:21 PM

Buffalo & Associates called me about an old debt(2003) and claimed to be representeing the CC company.

The amount they gave me was $2000 over the alledged debt. They don't even show up on my credit report. I even told the guy that when he called my phone. I had just checked it moments before he called.

One week later I get a letter from a debt counselor that a lawsuit has been filed against me. 4 days later they tried to serve me at my home but I wasn't there.

My question is.......
Can a debt collector file a lawsuit against you without verifying a debt? Without sending you a letter? And if they don't even show up on your credit report?

I'm new to this site so I'm still learning.

Judge Roy Bean · #2 04-10-2006, 08:29 PM

Quote:

Originally Posted by Hung Lo

Buffalo & Associates called me about an old debt(2003) and claimed to be representeing the CC company.

The amount they gave me was $2000 over the alledged debt. They don't even show up on my credit report. I even told the guy that when he called my phone. I had just checked it moments before he called.

One week later I get a letter from a debt counselor that a lawsuit has been filed against me. 4 days later they tried to serve me at my home but I wasn't there.

My question is.......
Can a debt collector file a lawsuit against you without verifying a debt? Without sending you a letter? And if they don't even show up on your credit report?

I'm new to this site so I'm still learning.

They can try anything, and will if they think you are uniformed of the law.

It's a bit like trying to find the one chunk of wood downstream from a logging operation. So many get raked into the mill along with the real logs that the courts assume everything is destined for the plywood.

I have a couple of suggestions:

http://www.budhibbs.com
http://creditinfocenter.com (go to the forums)

Some percentage of debt collections are absolutely bogus and are part of a scam being perpetrated by law firms who know they can threaten unwitting people into paying. They have a limited amount of experience up against real trial lawyers and can often find themselves dodging rulings to avoid sanctions.

charlesa6 · #3 04-10-2006, 08:33 PM

Quote:

Originally Posted by Hung Lo

My question is.......
Can a debt collector file a lawsuit against you without verifying a debt? Without sending you a letter? And if they don't even show up on your credit report?

I'm new to this site so I'm still learning.

Hung Lo, welcome to the forum.
No, that is a violation of Fair Debt Collection Act, 1692.
Cross the summon,"Refuse for course Without Dishonor Without recourse to me", and hand it over to the processor or server. 72hrs is in effect to reject the offer of contract as soon as they handle it over to you.
Check member's forum Education &Learning, under Banks,Collectors, and CRA for more details.

#4 04-10-2006, 08:53 PM

Quote:

Originally Posted by Judge Roy Bean

They can try anything, and will if they think you are uniformed of the law.

It's a bit like trying to find the one chunk of wood downstream from a logging operation. So many get raked into the mill along with the real logs that the courts assume everything is destined for the plywood.

I have a couple of suggestions:

http://www.budhibbs.com
http://creditinfocenter.com (go to the forums)

Yeah I found that Bud Hibbs Site days after they had called me.

Quote:

Originally Posted by charlesa6

Hung Lo, welcome to the forum.
No, that is a violation of Fair Debt Collection Act, 1692.
Cross the summon,"Refuse for course Without Dishonor Without recourse to me", and hand it over to the processor or server. 72hrs is in effect to reject the offer of contract as soon as they handle it over to you.
Check member's forum Education &Learning, under Banks,Collectors, and CRA for more details.

I think I'll try that. This forum has really opened my eyes to a lot of things. I've checked all the newbie stuff out, as well as done some research on my own.

If I'm successful at getting these jerks to take heed to the laws, I will definitely keep everyone updated.

Admin · #5 04-10-2006, 09:41 PM

Right on. Fight the power! Keep us posted.

Quote:

Originally Posted by Hung Lo

If I'm successful at getting these jerks to take heed to the laws, I will definitely keep everyone updated.

jaylon · #6 04-11-2006, 09:23 AM

I wouldn't advise returning it to the process server, although you would be in your lawful capasity, you will probably have a default judgment entered against you.

If you know it is bogus and they are trying to pull a fast one, counterclaim them for fraud for the largest amount of money the court they filed in allows.

Make them prove up, they will probably enter some computer generated statements, (the normal gimmicks) file a motion to strike them immediately. A copy of anything, especially unverified does not rise to the level of evidence! Have some fun, and maybe you'll make a few bucks!

#7 04-11-2006, 11:25 AM

My question is.......
Can a debt collector file a lawsuit against you without verifying a debt? Without sending you a letter? And if they don't even show up on your credit report?

Sure they can file a suit against you without verifying the debt. Collection firms aren't required to validate a debt unless you request validation. Collection shops aren't going to show up on your credit report. Only the original creditor.

masterduke · #8 04-11-2006, 10:41 PM

If you have NOT recieved any dunning letters from these finks that would seem to be illegal. How can they jump right to their scam "summary judgement" without allowing you a chance to respond to their allegations? Of course their "partner" the judge may allow such activities. Seems there was a judge somewhere that got busted for doing just that. Imagine that????

#9 04-14-2006, 07:01 PM

I have sent my VOD papers, certified mail, with delivery confirmation. I also sent my copies to the FTC, and the Attorney General in my state of TN. I also have my copies.

I wonder what they're going to send back in their response. I'll definitely have my answer when the time comes. My court date is set for June 12th, which should give me plenty of time to prepare myself for these slimeballs.

charlesa6 · #10 04-14-2006, 07:11 PM

Quote:

Originally Posted by Hung Lo

I have sent my VOD papers, certified mail, with delivery confirmation. I also sent my copies to the FTC, and the Attorney General in my state of TN. I also have my copies.

I wonder what they're going to send back in their response. I'll definitely have my answer when the time comes. My court date is set for June 12th, which should give me plenty of time to prepare myself for these slimeballs.

Make sure you keep a copy of every document you send to them, and the green card you get back for confirmation of delivery. You need all this to bind with your case.