Issuance Of A Summons Without Vod Under The Fdcpa

[jordi]

Hello Linda, In February of this year, I was sent a collections notice by Suttell & Assoc., P.S. attempting to collect on a Citibank account. Within 30 Days I responded to them by requesting a VOD. Having received nothing after 30 I made 2 more requests for VOD, 1 in April and 1 in May. On June 5th, they responded with 1 copy of a statement of the closed account & a copy of an affidavit. When I wrote informing them that this was only partal VOD, they responded by served me with a summons to appear in court. They are clearly breaking the FDCPA law. What steps should I take to counter in this circumstance? The date of service of the summons was on Sun. July 19th.  Thanks.

Alex

[starling]

Hi David,

Since you were summons to appear in court, I strongly advise you to attend to your court date.  Make certain that you have proof that you request that they prove you old that debt within 30 days; and provide the court with the information that the collection agency provided, which doesn't deem you to be responsible.

As you may know, collection agencies have to prove that an individual owes a debt.  And the "debtor" has 30 days to dispute the debt in writing.  It is always wise to send a certified letter to the collection agency when disputing a debt.

In addition, you should file a counteract for distress, assuming the information they provided isn't proof that you old a debt. If you do, state to the court how this ordeal has stressed you out, indicate the type of negative effect or impact it had on you mentally, etc.

If you have any specific questions and/or need clarity, please let me know.

Wishing you the best!

Linda-