DurangoDAWG
Junior Member
What is the name of your state?CA
Quick rundown of my case so far:
I had a Citibank credit card that the date of first default (DOFD) was 7/2000 (last payment to Citibank was 6/2000). Card was charged off (possibly around 12/2000) and sold to Asset Acceptance(AA). I made 2 payments by check over the phone (7/2002 and 8/2002) (thought I was paying some other collection agency, but that is a different story) and then made no more payments. After multiple attempts for AA to try to get more money, I sent off a Cease and Desist letter around 7/2004. I then received a letter from AA attorneys (Bidna and Keys) requesting the money, I sent them a Cease and Desist letter in 10/2004. Early April 2005 I was served papers from AA attorneys. I answered the summons and sent the attorneys a debt validation letter asking for all their proof (never received answer to my DV letter - but they did valid collection with CRA after I disputed the tradeline). Had Case Management Conference on 7/25/05 in which I showed up but the plaintiff (AA attorneys) never showed up. The judge set a court date of early September. Should I have asked to have the case dismissed since the plaintiff never showed up, or can it only be dismissed at the court date in September? Not sure if I should file a motion to dismiss.
Also, should I send another DV letter, so if it does come to the court date, I can show 2 instances in which I asked for debt validation but they never showed proof.
Any help would be appreciated.
Quick rundown of my case so far:
I had a Citibank credit card that the date of first default (DOFD) was 7/2000 (last payment to Citibank was 6/2000). Card was charged off (possibly around 12/2000) and sold to Asset Acceptance(AA). I made 2 payments by check over the phone (7/2002 and 8/2002) (thought I was paying some other collection agency, but that is a different story) and then made no more payments. After multiple attempts for AA to try to get more money, I sent off a Cease and Desist letter around 7/2004. I then received a letter from AA attorneys (Bidna and Keys) requesting the money, I sent them a Cease and Desist letter in 10/2004. Early April 2005 I was served papers from AA attorneys. I answered the summons and sent the attorneys a debt validation letter asking for all their proof (never received answer to my DV letter - but they did valid collection with CRA after I disputed the tradeline). Had Case Management Conference on 7/25/05 in which I showed up but the plaintiff (AA attorneys) never showed up. The judge set a court date of early September. Should I have asked to have the case dismissed since the plaintiff never showed up, or can it only be dismissed at the court date in September? Not sure if I should file a motion to dismiss.
Also, should I send another DV letter, so if it does come to the court date, I can show 2 instances in which I asked for debt validation but they never showed proof.
Any help would be appreciated.