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I received a summons for Civil Court over a credit card debt. I have been asking the collector for the debt validation.

Tulsa, OK |

So far all I have received are a few statements showing the debt and the account number, creditor name, and address. I called the creditor and they referred me to the debt collector for the statements. I really don't know where this debt came from, I though the account had a zero balance. I sent a letter of discovery and it was denied. I recently sent a letter of dispute to the court and collector and am sending a letter stating my denial of the debt to the creditor and the court tomorrow. I don't know how to get this information, I have been asking for five months now. What options or protection do I have to be sued over a debt that I cannot even review or see the charges for myself?

Attorney Answers 2


First and foremost, you must file an Answer to the lawsuit with the Court. If you do not do this, a judge will rule against you by "default" and the plaintiff may get an order allowing him to garnish your wages.

If you have filed an answer and the plaintiff refuses to provide you with documents after sending them "discovery" questions, then you can file a motion asking the judge to "compel" the Plaintiff to produce the documents you need.

The other attorney is also correct--use your own records which would show that you have paid the debt down to $0 if you have them.

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There is a difference between debt validation, a term used by the Fair Debt Collection Practices Act, and a law suit.

"Discovery" is the general time used in law suits to describe different methods of getting information from the opposing party. The laws are different in each state. You should
consult with an attorney in your area, and if nothing else, if you can not afford an attorney, at least get the explanation to start you on your path to getting the discovery you need.

And, do not forget your own resources--do you have copies of bills? cancelled checks? anything to support your belief that the account had been paid down to $-0-?

Good luck to you.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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