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I have sent 2 DV letters, the second one being the notice that they didn't send proper validation for the first one. (They sent me 2 3 year old bills-copies, with no payments made)
This is not validation-I'm looking for a contract with a signature!

SO, I get a letter telling me that a judgment was enetered against me, but the "judgement" letter has no court seal-which it says it needs to have, and they tell me they DID send me validation.
SO, I'm send ing another letter, I guess, but does anyone have a suggestion as far as wording? When I try to write my own, I wind up telling them I'm not stupid, and that they shouldn;t assume I don;t know my rights-it sounds childish. I need some good legalese that will helo me sound more savvy to their ploys.

Thanks in advance-this is getting old, and they are ruining my credit!!




Copies of statements from an original creditor would constitute validation. They don't have to send you a contract with your signature in response to a DV. Check your local courthouse and make sure they did not indeed sneak a default judegment in on you.

Sub: #1 posted on Tue, 08/26/2008 - 18:30

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: 308.23)

Is that true for NY? The last time I posted here everyone told me it wasn't validation-it was copies of statements from the collection agency-not the original creditor.

Sub: #2 posted on Tue, 08/26/2008 - 18:38

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Copies of statements from a CA could be contested but I would be more concerned with researching whether or not a judgment has been granted w/o your klnowledge and working on a Motion to Vacate.

Sub: #3 posted on Tue, 08/26/2008 - 18:42

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: 308.23)

Ok, how would I go about a motion to vacate? This is horrible, and I'm so far from the court where these people claim to have a judgement.
How can it be the law for a CA to sneak a judgement??

Sub: #4 posted on Tue, 08/26/2008 - 18:47

Unregistered


What state do you live in? If they attempted to serve you at a previous address or if your state allows sewer service, it's real easy to get a default. It's not about the law, it's about circumventing the law with them.

Sub: #5 posted on Tue, 08/26/2008 - 18:55

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: 308.23)

'm in NY. I admit, I don't know most laws, and I think they are taking advantage of that fact. That's why I ended up here!
Thanks

Sub: #6 posted on Tue, 08/26/2008 - 19:53

Unregistered


Nascar, when did statements become legal validation? I have used the DV letter from this forum several times and it doesn't mention statements as validation.

Sub: #7 posted on Tue, 08/26/2008 - 20:18

Unregistered


What is sewer service?

Sub: #8 posted on Tue, 08/26/2008 - 20:18

Unregistered


Quote:


Nascar, when did statements become legal validation? I have used the DV letter from this forum several times and it doesn't mention statements as validation.


See Sec 809 of the fdcpa. Statements would fit the requirements. Too many times, consumers take the internet as an Oracle. Do your own research here and other sites.



Sub: #9 posted on Tue, 08/26/2008 - 23:19

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

Quote:
What is sewer service?


Many states allow for service at last known address w/o a signature.

Sub: #10 posted on Tue, 08/26/2008 - 23:20

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

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