Answering Summons and Debt Validation

[BRUCErulz]

undefinedWhat is the name of your state? GA

I have been served a summons and complaint from a plaintiff seeking a judgement for a debt. The plaintiff is the attorney for a Collection Agency assigned by the Original Creditor, First USA Bank.

I have never requested, nor has the CA ever offered, Validation of the Debt.

Now, One thing I do know and that is that Before I release a dollar to the plaintiff I have to positively know:

1. That the OC has in fact legally and accurately assigned my debt to this CA and attorney

2. Exactly why and when the “ balance owed” was determined
IE Fees, interest, charges, payments, etc

So,

As I answer the Summons,
How should I express my request for Complete Validation of the Debt and verification of the CA’s relationship and agreement with the OC?

A: As a request and reason for denial to any specific allegations made in the complaint
B: As an Affirmative Defense to the complaint
C: As a matter not to be mentioned in the Answer but in the First set of Interrogatories prior to a trial
D: In a separate document requesting Validation (30 day window of opportunity lapsed?)
E: All or part of the above
F: None of the above
G: Other... Please educate me.

Also... what constitutes "VALIDATION" re: CREDIT CARD ACCOUNT

I hope that I clearly state my question...

thanks in advance for any assistance.

 

[guest.]

The statute of limitations on this action in Georgia is 4 years from which the cause of action arose.

Your request for validation should be in a separate letter. Do not put off filing your answer waiting for a response. Affirmative defenses should be raised in your initial pleading (answer) so throw them all in there you may be able to use. For Example: Statutes of limitations, latches, estoppel and waiver, unclean hands, lack of consideration, etc..

If it goes to court, what constitutes validation, unfortunately will be up to the judge. An FTC opinion letter will be on your side, but the opposition will probably cite case law not in your favor.

My uneducated advice:
1) send a debt validation letter to the collection agency and their attorney
2) file an answer with affirmative defenses
3) file an entry of appearance
wait
4) the attorney will probably send you weak validation followed about 30-45 days later with requests for admissions, interogatories, and production of documents. Beat them to the punch by filing your own interogatories and request for production of documents after you receive the lame validation. When they waiver on those file a motion to compel on the production of documents. (if they do serve you interogatories, you must answer them within the time alloted or they will likely seek summary judgment).
5) They don't want to work for their money, so the bigger pain in the ass you are, the more likely they are to dismiss the case before trial.

 

[BRUCErulz]

Thank you kind guest. Your advise, uneducated as it may be, is exactly
what I was looking for. Perhaps I could pluck one more jewel from your knowledge base. Is it likely that the plaintiffs attorney would ever produce a copy of my signature on a cardholders agreement? Is it likely that a judge
would be impressed either way, with or without my authentic signature?

The early bird may get the worm... But it's the second mouse that gets the cheese.

BRUCE