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Collections Law/Civil action for past debt
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Question
Today I received a hearing notice for a civil action filed against me by a debt collector who has never before contacted me in any way. Because they have not called or sent a letter i am not allowed to send them a debt validation in return. The debt in question was regarding an account that expired over 5 years ago. I also know the amount they are stating I owe is grossly incorrect, plus they are saying the account closed August 2007 which is absolutely not true. I'm a poor college student who cannot afford a lawyer. What can I do?
OK, your post intrigues me and causes me to think of doing something I have never done before and never imagined I ever would. Please don't ask me what that is quite yet but tell me something. You say you are a college student? First of all, tell me what you are trying to learn in college? What is your major area of study? Secondly, do you run into other students who also have debt related problems? Do you ever hear any of them talking about such things? If so, how often? Quite often or seldom?
You might not be able to send the debt collector a validation letter but the lawyer who sued you is a debt collector too by definition therefore you can send the lawyer a debt validation letter and you should but not the garbage type you can find so easily just about anywhere. I'm talking about the kind that demand the debt collector respond to a bunch of questions or that have unfounded threats to pursue legal action or make references to various state or federal law. There is simply no need for that nonsense and it only makes the sender look like a fool in the eyes of the debt collectors.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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