Being sued for credit card debt in Oregon, attempting debt validation, how do I go about it?
Challenge the collector
Jarzombek goes one step further and recommends challenging the collector to prove that the defendant owes the debt. Often, he says, the collector will not have access to the original contract or details of the debt to prove his case and any response from the defendant will cause the debt buyer to walk away from the case.
"You can appear in court by filing a written answer with one sentence: 'I deny the plaintiff's claim,'" he said. "I tell them to show me a contract, to demonstrate that they have the authority to sue."
Other sources I found about validating a debt talk about sending the debt validation demand to the collector not the court? What should i do?
I think if I send the debt validation response and they don't have access to the original contract ect then they will drop the suit...
Also I am wondering if the summons lists Capital One as the plaintiff then that means they have'nt sold the debt they have just employed these collectors to recover it.
Patrick, If Capital One is listed as the plaintiff do they still own the debt? Should i talk to them or Collect America? In the quote they said collectors often handle large porfolios of debts and dont have access to validation documents. My thought was get them to back down then propose a one time settlement in full payment at 50% or so.