Credigy Receivables Being sued by Credigy Receivables ripoff Las Vegas Nevada

You could be going to small claims court - the amount is under $5000.

I've been to small claims court a few times and I don't know anyone filing motions... it's informal - you speak directly with the judge.

I would determine which court you have been summoned for.

Either court: Send them a certified letter, return receipt requesting, disputing the AMOUNT and demanding any and all documents including any and all payments to the DEBT OWNER. In many cases the debt collector is not the debt owner - there is a difference and it is crucial to know which is which when you go to court.

In your letter to the collector specifically list any and all documents you want. Remind them of the FDCPA and further inform them that their failure to comply with your request for full validation will be presented to any court the sue you in.

This is why I always suggest folks negotiate a settlement with the CREDITOR (debt owner) rather than the collectors. When you make a deal with the collector that only gets THAT COLLECTOR off your back - there is no guarantee that the CREDITOR will hire another collector to attempt to get the balance of the debt.

When you negotiate directly with the CREDITOR, any settlement you reach with the CREDITOR must contain a written document that the debt is ABSOLVED as a result of you paying the settlement.

Good Luck

Thanks everyone... the current debt collector (Credigy Receivables, Inc) claims that I made a payment to the previous debt collector, First Select, who bought the account when it was charged off in March 2000. The amout of the lawsuit is about 1100.00.

With respect to their claim that I made a payment to the previous debt collector that stopped the Statute of Limitations clock, I was thinking of requesting that they provide proof of payment. For example, an invoice from the previous debt collector showing payment. All I have received from them thus far is a document they titled the "Account Monthly Statement" which incorporates information from the previous debt collector and them. I have been told that this is not sufficient to demonstrate payment on the account; they must provide something other than a generated statement. Indeed, if they want to introduce account statements, the statements must go back to the original statements of the original creditor, which sort of goes in line with the chain of title a previous response mentioned. If I understand correctly, this current debt collector cannot establish the validity of this debt based on the claims of a previous debt collector i.e. John says you owe him because Bob says that you owe Harry. Is this correct? In addition, I have heard that they must produce an original contract (application) with my signature, or at the very least the original account statements from the original creditor along with an affidavit establishing the authenticity of the account statements. Is that correct?

Despite the amount in the lawsuit, I don't believe that I am in Small Claims Court because I would need to file a motion for discovery in order for the court to compel this debt collector to produce documents. I can also wait until the scheduled court date in late November to ask them for these documents. I haven't made up my mind what to do yet, although, I am leaning towards filing a motion for discovery. Anyone have any thoughts with respect to whether to file a motion for discovery or not?

Thank you all so very much for all of your assistance!!! It is greatly appreciated and very helpful!!!

P.S. A Bill of Particulars is the formal method in NY by which a party in the suit may direct questions towards the other party. It differs from discovery in that one may not ask for document production, just answers to the quetions posed (questions can be objected to).

Request validation of the debt from the debt collector. The FDCPA doesn't change because they filed in court - they still must validate (if you request it) regardless of filing a suit, and if they don't comply the court will not look apon their refusal favorably.

You didn't state the debt amount or what court. If it's under $5000 you may be going to small claims court. Small claims court is less formal. You wouldn't file motions in small claims court but you would ask the judge to order the collectors to furnish you with the validation documents you requested - small claims courts in NY do grant this, and delay hearing appropriately.

Hey, if you're really lucky, they might not show up and you win by default.

If indeed you made a payment in 2002, the statute of limitations will not run out until 2008 (6 years.)

Sylvia,

It appears that the "debt" is most likely past SOL and is legally uncollectable. The SOL in NY is 6 years. If they claim you made a payment that would have reset the SOL, they must be able to prove that payment was made in court. If you say you never made a payment, they must prove otherwise, or give up that claim.

If they have actually filed a lawsuit against you, everything changes. At this point you can no longer just send letters, demand validation, etc. It is too late for all of that.

Everything at this point must be filed with the court by means of a motion.

Your post was rather confusing and some of the terminology like "bill of particulars", etc I have never seen used in any debt collection case, and I have seen many.

The FDCPA is the primary reference for all debt collection cases along with your state laws. Using the exact verbage in the applicaple laws is best.

The main thing when you get served a summons is to respond as required in your state. The next thing to do is file a motion for discovery. Then wait to see what crap they send you.

You can file subsequent motions to provide specific information afterwards, such as a chain of title, purchase contract and proof of payment, a contract with your signature on it, etc.

Remember, the entire burden of proof is on them to prove that you owe THEM the debt. The original creditor is totally out of the picture if they claim to have purchased the debt, except for SOL purposes.

Thank you for your comments. My case with this debt collector is set for late November 2007. I will definitely check out the websites that were mentioned. I'm not sure whether or not I may seek validation of this particular debt as it is already set for a court hearing. Nevertheless, I did find some material that pointed to a case which, in part, states that the failure of an individual to seek validation within a 30 day period should not be interpreted as an admission/acceptance of liability.

I'm thinking I may request another demand for a Bill of Particulars in which I will ask that this debt collector state whether or not they have any receipt(s) of payments that they claim I made to a previous debt collector (not them) that stopped the clock on the Statute of Limitations. More importantly, it seems that this debt collector will need to produce a copy of an original contract with the original creditor with my signature in order to establish the validity of this account. Is this correct?

From what it looks like, this account was allegedly set up in 1995, then transferred to a debt collector in 2000, then finally to this debt collector in 2002. When asked whether or not they had a copy of an original contract with the original creditor signed by me, they said that discovery was on-going which some people have suggested means that they do not have it, nor will they be likely to get it.

There is no such thing as a "chain of custody of the debt."

There are records as to who OWNS the debt.

The reporter needs to demand validation of the debt as outlined in the FDCPA in a written, certified, return receipt requested letter to the debt collector. Once he knows who owns the debt he should negotiate any settlement, in writing, with the OWNER of the debt - not the COLLECTOR.

Settlements with the debt collector only get that particular debt collector off your back - it doesn't absove the remainder of the debt! -and yes, ANOTHER debt collector can come after you for the balance of the debt even if the debt is OWNED by the same party!

This is why you should always negotiate with the creditor - NOT the debt collector. As part of any settlement you want the DEBT OWNER to agree that the debt is absovled (in writing).

They now they cannot establish the chain of custody of the debt and are relying on hearsay to fool you.

You should search for consumer boards like debtorboards and infinite credit to learn how to properly defend yourself.