A Year Later . . .

[dawgmom]

A little over a year ago, a friend of mine received a summons from a local small claims court regarding an unpaid credit card debt that had been purchased by a sleazy law firm. the law firm was suing my friend, and I suggested that he ask for validation of this debt. The law firm did NOT comply, so we went to court. We asked the attorney representing the firm for any kind of debt validation/verification, and he said we didn't need it . . . that my friend just needed to pay the debt. We respectfully disagreed and said that we'd speak with the judge. The attorney became agitated and told us that we "weren't there for a hearing." He insisted that we leave. Well, we didn't. We went before this small claims court judge, explained that we'd requested validation but had not received anything. The judge was visibly annoyed at the attorney and gave him 30 to produce some sort of debt validation.
Thirty days came and went, and my friend received nothing. I told him that he really needed to contact the court and find out what to do next, but he didn't. NOW, however, over a year later, my friend received another letter from this sleazy law office, as well as a copy of his credit card agreement (not signed by him, of course), three of his credit card statements, and a letter from WAMU to this law office stating that they'd purchased some accounts. My friend's credit card account was not listed in the letter. In my opinion, none of this qualifies for debt verification nor shows how they arrived at the amount they say he now owes.
So here's my question. What do we do now? My friend is contacting the court tomorrow, but is there something that he should do as far as contacting this sleazy law firm? Any suggestions? - Susan in Indianapolis

[jezter6]

Minimum validation can be as lowly as the name of the original creditor and an amount. Anything beyond that appears to be a pipe dream and not required.

Go to the court, find out the status of the case, that will let you know what to do next.

[dawgmom]

My friend called the court this morning, and apparently there is a notation on the file folder from the judge that my friend was supposed to reappear on June 18th of last year. That date was NOT given to him when we were in front of the judge a year ago April, and apparently there's no paperwork showing that he received any kind of written notification that he was to reappear. So this has been an active case since last year and he never knew it!!!
I've suggested to him that he contact the court again and make absolutely sure that no summons or notice was mailed to him. So NOW what do we do?

[unusualsuspect]

I'd go and make sure that there has not been a judgment issued in this case.

If there is no judgment, then I'd file a motion to dismiss- lack of prosecution. Make sure it's filed with prejudice so it cannot be refiled.