Sunday, August 10, 2008

False and misleading information

False and misleading information



Question:


In 2005 we helped family members residing in Pass Christian Ms financially related to Hurricane Katrina. This made us late on payments and the default rate drove us to send Citibank our reasons for foregoing payments and at that time offered to settle for 1/2 debt making payments.

We had other accounts that closed and took this type of arrangement but not Citibank. Since 2006 we have had multiple summons to the local Civil Court here in Ky. all from different lawyers in the same law firm. They have worked the debt from $4,6.00 to $8,000.00 plus. We could not afford that then and cannot now.

With each new lawyer from this same law firm I ask for debt validation and no debt validation has been rendered.(They send copies of statements and call it validation)

I certify my letters but this last time a lawyer did not respond at all, except to send a summons via regular mail. I wrote the court immediately that I received the letter regular mail, and when I went to the courts website the docket did not have the summons posted for hearing. So to prove I sent a validation request I sent it certified a SECOND time and wrote payment enclosed to try and receive my US postal service green card as proof they DID receive debt validation request.

Now I am facing the hearing, but I did send a request to dismiss based on Violation of FDCPA Section 809B. I have two years left on the statute of limitations and I have fought them tooth and nail. Can you tell me what to expect if I show up in court the date will be 8/18/2008. Thank you in advance for your reply

Answer:


First of all, your request to dismiss based on violation of FDCPA is going to get denied. FDCPA violations are never a valid cause of action for dismissal of a plaintiff's case. Won't ever happen. So forget that.

It is also not a valid response to the complaint, so what did you file as your response? If you filed no response then you need to do so as soon as possible.

You say you sent a second certified validation request. If the first was sent certified why would you need a second?

You say that statements are not validation? Exactly what do you think validation consists of?

You say that you have two years left on the Statute of Limitations? How do you know that? Where did you get that information? Yes, I am well aware that the statute of limitations in Kentucky is 5 years on open accounts but you may be using the wrong statute of limitations.

Seems to me that you have been exposed to and believed lots of false and misleading information. You need to get your act together very, very quickly or you will lose and get a garnishment against you.

You cannot normally defend and win. You must go on the offensive to do that.

Bill Bauer
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