Validation request met with subpoena ‍♀

P

pctechtv

New Member
Jurisdiction
New York
Hello friends. I sent a debt validation letter to a law firm that has been pursuing me at the behest of American Express. In the letter, I requested a few key points. Like:
  • Verification of the debt: Please provide a copy of the original signed contract or agreement that created this debt.
  • Amount of the debt: Please provide a detailed itemization of the debt, including the original amount, any interest, fees, or other charges.
  • Creditor information: Please provide the name and address of the original creditor.
  • Chain of custody: Documentation showing the chain of custody if the debt has been sold or transferred.
  • Proof of your authority: Please provide documentation that you have the authority to collect this debt on behalf of the original creditor.
They responded with none of the above. What they sent back was an information subpoena. It mentions some judgment I know nothing about. It has a form attached that as a lot of questions about my personal and professional life.

I think this is a tactic to avoid debt validation. I checked the case number on e-Courts, and nothing came up. I will go to the court to see if this is real also.

All that said, how should I proceed? Does this give them an excuse not to validate the debt?

Thanks for any help
 
pctechtv said:
a law firm that has been pursuing me at the behest of American Express.
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I assume from context that this means the law firm represents your creditor in a lawsuit that has already been filed. In fact, your use of the term "information subpoena" suggests to me that, perhaps, a judgment has already been entered against you. Please clarify.
 
pctechtv said:
They responded with none of the above.
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Read the US Fair Debt Collection Practices Act. Particulary Section 809 Validation of Debts:

www.ftc.gov

Fair Debt Collection Practices Act

Fair Debt Collection Practices Act As amended by Public Law 111-203, title X, 124 Stat.
www.ftc.gov www.ftc.gov

Was there anything in your letter that says you are disputing the debt? If not, then there is little or no advantage to the creditor to respond to your letter except with a lawsuit or, if there is already a judgment, wage garnishment, bank levy, or execution against non-exempt property.

NY has its own debt collection laws that are spread across several statutes and regulations that I don't have the time or the inclination to research. Though I did find out that the Statute of Limitations for a consumer debt lawsuit has been reduced to three years.
 
adjusterjack said:
Read the US Fair Debt Collection Practices Act. Particulary Section 809 Validation of Debts:

www.ftc.gov

Fair Debt Collection Practices Act

Fair Debt Collection Practices Act As amended by Public Law 111-203, title X, 124 Stat.
www.ftc.gov www.ftc.gov

Was there anything in your letter that says you are disputing the debt? If not, then there is little or no advantage to the creditor to respond to your letter except with a lawsuit or, if there is already a judgment, wage garnishment, bank levy, or execution against non-exempt property.

NY has its own debt collection laws that are spread across several statutes and regulations that I don't have the time or the inclination to research. Though I did find out that the Statute of Limitations for a consumer debt lawsuit has been reduced to three years.
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If this was filled before that it does it still matter? If this was filled after that what should I do? I say this becaue on the letter it says April 9 2024.
zddoodah said:
I assume from context that this means the law firm represents your creditor in a lawsuit that has already been filed. In fact, your use of the term "information subpoena" suggests to me that, perhaps, a judgment has already been entered against you. Please clarify.
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Hi, thanks for the reply...
I was never served or notified of any judgment with them against me. I know this process because I just went through it with my mother's estate a month ago. The only place I recognize them from is previous calls and attempts to collect on a debt that is not mine.
Is this saying they have a default judgment against me? They were calling for a while just like a debt collector.
 
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adjusterjack said:
Read the US Fair Debt Collection Practices Act. Particulary Section 809 Validation of Debts:

www.ftc.gov

Fair Debt Collection Practices Act

Fair Debt Collection Practices Act As amended by Public Law 111-203, title X, 124 Stat.
www.ftc.gov www.ftc.gov

Was there anything in your letter that says you are disputing the debt? If not, then there is little or no advantage to the creditor to respond to your letter except with a lawsuit or, if there is already a judgment, wage garnishment, bank levy, or execution against non-exempt property.

NY has its own debt collection laws that are spread across several statutes and regulations that I don't have the time or the inclination to research. Though I did find out that the Statute of Limitations for a consumer debt lawsuit has been reduced to three years.
Click to expand...
 
pctechtv said:
f this was filled before that it does it still matter? If this was filled after that what should I do? I say this becaue on the letter it says April 9 2024.
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Until recently, the statute of limitations for debt collectors in the state of New York was six years. The clock starts ticking on the date the borrower defaults on a debt. On April 7, 2022, the CCFA reduced the statute of limitations to three years. This means if a creditor sued you on April 5, 2022, for a five-year-old delinquent debt, you can't use the statute of limitations as a defense because the debt isn't time-barred. Time-barred means the statute of limitations hasn't expired for the debt. If the creditor tried to sue you for the same debt on April 8, 2022, you can use the statute of limitations as a defense since the debt will be time-barred.
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More at:

upsolve.org

New York’s Statute of Limitations for Credit Card Debt

Creditors and debt collectors can’t try to collect on past-due credit card debt forever. The statute of limitations limit sets a timeline for debt collection.
upsolve.org upsolve.org

When did you default on the unpaid balance of the American Express account? Month and year if don't know the exact date.
 
I see, they claim they have a judgment against me. So I read it where it says they can show me that. I know nothing of this judgement. I am going in the morning to file an order to show cause. If I can get it vacated where does that put me and them? Will they then be required to validate the debt?
 
If you don't answer my questions I'm not going to continue the conversation.

When did you default on the unpaid balance of the American Express account? Month and year if don't know the exact date.
 
pctechtv said:
Will they then be required to validate the debt?
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If the creditor has SUCCESSFULLY SUED you and received a judgment, you can FORGET DEBT VALIDATION.

The party's over, pal.

The only option PERHAPS still available to you is a Chapter Seven Bankruptcy. However, that won't be easy, even if its possible. But, if possible and you prevail, EVERYTHING begins tilt your way!!!!
 
pctechtv said:
December 2020
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Thank you.

According to the article I posted, if you actually were sued prior to April 7, 2022 it would have been well within the 6 year SOL.

If the lawsuit was filed after April 7, 2022 it would have had to have been filed by December 2023.

Unfortunately, the SOL is an affirmative defense and you would have had to raise it in your response to the lawsuit.

As you appear to have no knowledge you would have to move to vacate the judgment, if there was one, for whatever grounds you decide are appropriate.

pctechtv said:
I went back to court today and filled an order to show cause. We have a new court date. I have paperwork to serve the law firm.
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Order to show cause for what?
 

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