Legal Question in Credit and Debt Law in Massachusetts
Request for dismissal...
I was recently served a summons for an old CC debt. Several months ago, I sent a letter to the PC, within 30 days as required, disputing the validty of the debt and requesting information on the account. (I have no information on this account.) I received no response. It was followed up by two additional leters; Again, no response. This was all noted in my response to the summons. Now, after my reply to the summons, the PC is claiming that he has no record of my letters and he is requesting copies. The letters were mailed at the Post Office, with return address, and in at least one instance, the PC's postage paid envelope. All,four letters. including the response to the summons, were mailed by another person, the same person. The letters, with the exception of the response to the summons, were not sent certified mail although I did make copies. Can I request a dismissal? If so, what is the likelyhood that it will be dismissed? And, should I provide the PC with copies of the letters?Thanks for your assistance?
1 Answer from Attorneys
Request for dismissal?
The 30 day letter by a debt collector does not preclude them from filing an action against you. It is some notice of their intent, and an option to respond.
A dismissal request based on the failure to reply will most likely fail.
Having said that, you must respond to the complaint, by filing an answer with the court, and serving a copy of the answer to the attorney who filed the complaint. A failure to file an answer, could result in a default.
In writing the complaint, you should state any "affirmative defenses" and file any counterclaims you may have. I understand that this may be somewhat technical.
Should you have any questions, or wish to contact me, please do.
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