If you have filed an Answer to the complaint, you are entitled to discovery from the creditor's attorney as to the nature of the debt, the original debt holder and the calculation of the damages.
The debt was probably assigned by the original creditor - but there would be a paper trail for that somewhere.
MARY TOM, ESQ.
HUNZIKER, JONES & SWEENEY, P.A.
Wayne Plaza II
155 Route 46 West
Wayne, NJ 07470
Phone No. (973) 256-0456
Fax No. (973) 256-4784
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What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
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Yes, the Fair Debt Collection Practices Act requires a 30 day demand letter be sent advising you that they are attempting to collect a debt and giving you an opportunity to dispute. Once they have sent that letter, they are not required to send a supplemental letter unless you dispute the original debt in writing.
If they called you in 2009, chances are there was a letter prior to the call. If you only gave them a verbal request to put everything in writing, you have no sufficiently protected yourself prior to suit.
At this time you should be sending discovery requests to the Plaintiff asking for all correspondence to you, proof of debt, chain of title, application, invoices or statements, etc.
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