Posted: 12/29/2009 5:51:47 PM EDT
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The law just handed me a document tonight from CCR LLC that says I owe $12,000 for a credit card I don't have. I have a old credit card with the bank listed, that I closed in 2008. They say they purchased the written off credit card balance from the bank and want me to pay. I have 20 days from this date to write a letter to the county clerk in response to this lawsuit.....
Anyone have ideas on how I should word the letter. It appear to be an error or is this a new way to catch people in a suit who don't respond in a timely manner. Some internet sites say to ask for validation.....what does that mean and how can I use it. |
| what you need to do is file what is called an answer .. In the answer deny each and every allegation that is not true. then issue a request for production of documents related to the card etc.. with that data you can move for a summary judgment based on the fact that the data doesn't match you and that the card is not yours and it should be dismissed with prejudice. |
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what you need to do is file what is called an answer .. In the answer deny each and every allegation that is not true. then issue a request for production of documents related to the card etc.. with that data you can move for a summary judgment based on the fact that the data doesn't match you and that the card is not yours and it should be dismissed with prejudice. This, I had something similar happen (but it was a student loan to a school I never went to), put the burden of proof back on them and see where it goes. |
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I'd pull a credit report right now to make sure that 1) the account you had is listed as closed, and 2) there's nothing going on like ID theft. You can do it at no charge at AnnualCreditReport.com.
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Quoted: The law just handed me a document tonight from CCR LLC that says I owe $12,000 for a credit card I don't have. I have a old credit card with the bank listed, that I closed in 2008. They say they purchased the written off credit card balance from the bank and want me to pay. I have 20 days from this date to write a letter to the county clerk in response to this lawsuit..... Anyone have ideas on how I should word the letter. It appear to be an error or is this a new way to catch people in a suit who don't respond in a timely manner. Some internet sites say to ask for validation.....what does that mean and how can I use it. I got what you need but it's on my work computer, I'll tagscribe this thread and try and remember but shoot me an IM tmw before 4pm EST and I'll email this letter to you which basically uses a bunch of your rights under some consumer acts making them verify the debt is actually yours, basically gives them a shit ton of red tape to go through before they can collect on you. |
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The validation letter basically makes them prove the debt is legitimate, the debt is to you and they are legally allowed to collect from you. You're basically using your rights from the Fair Credit Reporting Act and the Fair Debt Collection Practices Act to protect yourself from unscrupulous collection agencies, if the debt is legitimate you probably won't get out of it and with it being so much I don't imagine they're going to give up easily but basically this letter makes it a pain in their ass to provide all the info that you are legally allowed to request in writing before they can do anything to your credit score or garnish your wages. Don't know if this will help given you've been served already but I used this on a dispute with Dell. I got hired at a job where you were forced to buy a computer from Dell once you were hired, no way to get out of it and you couldn't buy it straight up, you had to lease it for 3 years at $50 a month and it was a $600 computer. After I paid on it for 2 years, over $600 altogether, I stopped paying on it, they tried to collect on me and I sent them this letter and never heard a word since...
http://www.oskie.com/free-letter/debt-validation-letter-collections-collection-company-agency.htm copy paste the sample letter to a word document, fill your info in and send it off to them... |
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Call the CLARK HOWARD hotline! Google it! THIS! If they file for a court date and you do a no show, judge will rule in their favor and then its a done deal. Call Clark follow what they tell you to the letter and keep all documentation FOREVER 
EDIT for Linky http://clarkhoward.com/ Consumer Action Center: Ask Team Clark Call 10am-7pm ET (404) 892-8227 |
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I gave my reply to the county clerk today for my answer to the suit.
One of the documents for the amount is dated 8/2009 but the supporting documents are signed 9/2008. There were about a dozen errors on the suit and me and my attorney friend had some fun with it. |
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I gave my reply to the county clerk today for my answer to the suit. One of the documents for the amount is dated 8/2009 but the supporting documents are signed 9/2008. There were about a dozen errors on the suit and me and my attorney friend had some fun with it. Well this actually sounds like it might end well for the OP. i think this is an ARFCOM FIRST! |
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I gave my reply to the county clerk today for my answer to the suit. One of the documents for the amount is dated 8/2009 but the supporting documents are signed 9/2008. There were about a dozen errors on the suit and me and my attorney friend had some fun with it. Tag for plaintiff's reply. |
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The law just handed me a document tonight from CCR LLC that says I owe $12,000 for a credit card I don't have. I have a old credit card with the bank listed, that I closed in 2008. You may be the victim of identity theft. Get your records together and talk to them about the charges they say you made which you are disputing. |
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That spider only has 7 legs ;) |
A couple of years ago I started getting harassing phone calls from a collection agency for some delinquent account with an ISP I never had. I did have an account with a company they bought out, but it was closed over 10 years before. Every time they called I asked them for information like the username, account type, dates of service, etc, and they always said they'd research and get back to me. These bastards liked to call at 6-7 am and wake me up. Finally I got tired of the early wakeup calls with no information and requests for my credit card number and sent them a certified letter requesting that information and a couple more pieces of information and said that if they did not respond within 60 days then I would consider the matter officially resolved. I didn't expect that to work, but it did - I haven't gotten a call from them in 2 years and nothing showed up on my credit report. |