If I’m being summoned to court for a debt, should I request that credit agents supply a validation of debt before first court date or at it?

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If I’m being summoned to court for a debt, should I request that credit agents supply a validation of debt before first court date or at it?

I should be able to validate the debt that the credit attorneys claim I owe ($8400. I haven’t received Validation of Debt paperwork. Should I write a letter requesting Validation of Debt, and if so, should I send the letter out before the first court date, or make it part of my answer on the first court date? The court date is November 15, 2010, so if I’m to send it out before, I’ll need to do so soon.

Asked on November 8, 2010 under Bankruptcy Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should go down to Court and answer the complaint before your first court date.  You can file the answer in the courthouse.  As for the validation of the debt, procedure in your state may not allow you to request it in your answer (it is really part of the discovery process) but you can certainly raise what is known as an "affirmative defense" in your answer as to the validity of the debt: that they are not the proper owners of the debt and therefore have no standing to sue; that upon inofrmation and belief, the amount requested is in error of the amount owed.  How were you served with the Answer?  If you were not personally served then you need to raise that as an affirmative defense as well:  that the court lacks personal jurisdiction on you.  And I would send the request for validation today by certified mail as well. No harm. Good luck. 


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