Received an initial mail from a collection agency few days back regarding a defaulted credit card debt. When I requested a letter of validation, I recieved a copy of the court record of the default judgment for me listed in my county court. Is there anything else they need to provide? I've already verified the amount by calling both the creditor and the collection agency. But is there anything more that I should verify?
For getting a judgment, you need to be announced by whoever sues you, in order that you go to court. You always need to go to court when they call you. When you do not go to court, then the debt collector wins by default. You must find if the debt collection did send you papers to call you to court, and if they did - but they did it in the wrong way: leave it to a wrong address, leaving it to a neighbor, etc. - then you can argue this in court, that you did not receive the first papers telling you about it.
Again, you cannot get a judgment unless you are called to court. You HAVE to know when this happenned.
Also, a court judgment tells only that 'you owe' money to debt collectors.But if you are 'judgment proof' meaning that your income and assets are exempt [or part exempt - depending on your state where you live] - then they cannot force you to pay them. Check yur state 'exemptions' for your income and assets - in debt collections.
VALIDATION means that they need to send you: a contract with your signature on, where you did aprove to do business with them, all records, payments, how did they get to the final amount....[you can look for more info online].
Good luck!
I have to agree to it, unfortunately. The court has decided that you owe the debt. Unless and until you overturn the judgment, you legally owe the debt. Depending upon the circumstances and who sued, you may make a claim under the fdcpa. However, if you want a defense, you have to challenge the judgment first.