This is the story, last month i got a summons that i was being sued for a credit card i got when i was 17. I filed an answer and petition that i denied it all and asked for validation of debt it went something like this:
Dear Collector:
This letter is being sent to you in response to a notice delivered on 4/21. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692 (g) that your claim is disputed and validation is requested.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named title and section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following: a simple accounting of the debt, the name and address of the original creditor, and the original account number, and any signed documentation showing of debt owed. Also, please show me that you are licensed to collect in my state for this debt by either showing canceled check for amount or contract showing amount paid for such debt and provide me with your license numbers and your Registered Agent.
Your anticipated cooperation in this regard is greatly appreciated.
Best Regards,
I hope that is a good response, then all i got back from them was another letter stating when they recieved the account, who the original creditor was and the original account number, and nothing else i requested.
I called around and the original debt by credit card company was wrote off in with no payments made, LBN says i made a payment in 2003 to a different collection agency then what is sueing me now. I don't remember that payment. I have asked couple times now for a signed contract due to statute in oklahoma is 5 years on signed and 3 years on open/oral.
I get nothing from them accept the same debt validation letter, so i filed a motion to dismiss looks like this:
Motion to Dismiss Due to statue of limitations
Comes now "ME", Defendant herein, And submits his answer and affirmative defenses to the allegations contained in the complaint files against him herein.
FIRST DEFENSE
Defendant would show that the complaint fails to state a claim or cause of actions against him upon which any relief can be granted.
SECOND DEFENSE
Defendant affirmatively alleges that plaintiffs right to maintain this action is barred by the statute of limitations, Laws 1961, p. 105,3-118; Amended by Laws 1991, SB 25, c. 117,43, eff. January 1,1992. (Cite Statute) More than 7 years has now elapsed between 01-17 the date of the original write off, and 04/08, the date plaintiff filed his complaint in this action.
THIRD DEFENSE
And now, answering the allegations of the complaint filed against him, defendant would show the following.
I. Defendant admits the allegations of the complaint that Defendant is an adult resident citizen of "ADDRESS" and disputes the validity of the debt due to plaintiff can not provide any written documentation to support their debt collection attempt or date of default of original creditor.
Just today i recieved a letter back from LBN "Plantiff's Response to defendants motion to dismiss and brief in support"
If need be i can post everything it says, but they are trying to get my motion thrown out and now im kinda at a loss to what i should be doing next or if i did the right things to begin with. I have a court date setup for june for my motion, do i just need to try and gather all evidence (Which isn't much except my credit report) or do i need to respond to this letter also?
Thanks for helping and sorry for long post.
Jayce
del city, Oklahoma
U.S.A.
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