Validation of debt questions

[TToby]

What is the name of your state? Illinois

I was served a summons in July for a court date of 8/11. This is a very old debt where I suspect an expired SOL as my defense as well as a possible countersuit for re-aging. Anyway, I requested validation of debt 7/19. At court on 8/11 the case was postponed until 9/15 because they hadn't validated. Yesterday I received a letter from the CA's attorney which included 2 statements from 2/1997 and 7/1997. That was it. The credit card was opened 12/1993 and that's all they sent me. There were no charges/payments made on either statement and the only "activity" shown on either is interest.

My question is: Should I contact the lawyer and tell him that this isn't acceptable validation? If so, is there a law that states what I'm entitled to? Or, should I wait and tell the judge that they still haven't validated? How many court appearances can they make me go through before I can request to have this thrown out because they aren't validating? I was 8 months pregnant at the last date and I'll be 20 days away from my due date at the next one and if it gets postponed again, I'll have an infant to deal with. These people are just wasting my time now.

Thanks in advance for your help.

 

[Ladynred]

Thhhhhhhhhbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb !! (raspberries) to the lawyer !! Boo hiss !

That's a sorry attempt at validation, geez.. but if all they've got to show for last activity is 2 1997 statements, then they've proven your case FOR you - the SOL on credit cards in IL is FIVE years - 1997 to now is SIX years and those statements don't even show a PAYMENT .. so the default obviously happened BEFORE those statements. I think you definitely need to stick with the SOL as your defense - and since they obviously have NOTHING to prove any payments AFTER 1997 - their case is TOAST - and burnt toast at that !!

Based on that sorry 'evidence', I'd file a motion to dismiss - they haven't dismantled your SOL defense. In court, its a 'preponderance of evidence' that lets these scumbags win with a judge. Well, that's hardly a 'preponderance' of evidence to refute the expiration of the SOL.

BTW, did you pull all 3 reports or just one ?

 

[TToby]

Thanks Ladynred.

In the lawyer's defense (not that he deserves it), his letter didn't call this validation. It just said that they were forwarding statements from NCO.

I pulled all 3 reports but this debt is only being reported to Experian.

 

[Ladynred]

What does experian show as the come-off date or the charge-off date ?

Well, you requested validation and, per the law, they are supposed to go back the owner of the debt for the documents. While he may not have referred to it as validation, clearly that's what they're attempting to do.

BTW, NCO can rarely validate.. even under 'ordinary' circumstances.

 

[TToby]

It says Charge off as of 12-1999 - 5-2000, 10-1999

I know this is wrong. I know for certain that I didn't pay anything in 1999 or later and the cosigner was out of state and said he never sent them anything either.

In fact, I've been contemplating having my bank go back 6 years and print off all the checks I wrote (I only keep them for 3 years), but it could be costly.

 

[kevinss]

Why bother having them print checks? Just have them give you copies of your statements - that's enough. It's really not relevant anyway. The burden of proof is on the collector, not you. They must prove that they received a payment, but you can take statements as visual backup; the judge will probably see what they're trying to do if you provide that.
Also, they didn't send you a copy of the original contract you signed. That's something you can also point out. They do not posess contractual evidence that you have any business relationship with them or their client.
This one's going to be easy for you.

 

[TToby]

Thanks Kevinss.

My concern was that they would come up with some fictitious payment and it would be my responsibility to prove that I never made that payment.

 

[kevinss]

I understand.. however, having your checks wouldn't prove that. You could easily just take a check out of the stack they give you and say "yep, see, it's not here!"

However, if you bring your bank statement (get it notarized by a bank employee if you can), that will prove what checks did and did not clear your account.

I apologize; I am in a hurry right now. I believe you said the CA was NCO. They would not hesitate to come up with "evidence" to support their claim, even if it doesn't exist. Keep that in mind while proceeding. You won't have a problem, though. You're a smart cookie - I can tell that just by reading your posts and the fact that you're taking action in the first place. Most people would just roll over and say "how much do you want the check made out for?"

Kudos.