Q: In reference to consumer debt, what are our options regarding unseen right to cure notice?
Plaintiff referred to right to cure but had no submitted evidence of. Judge denied their motion for summary judgement. Now they are showing a right to cure but we've never seen such and don't believe we ever received. There is no supporting evidence that shows delivery. What are our options?
A:
Can you convince a judge and/or jury that the notice was not received? Normally, the right to cancel is actually signed by the debtor at the time the debt is incurred. Make the creditor provide a copy of the form since you do not remember receiving it. In real estate, the receipt is signed and then a confirmation that you have not cancelled is required.
You are going to have to plan on suing to get out of the transaction. The creditor may still be able to collect some money if you have received merchandise and have not returned the merchandise. The are many other factors to consider and your best bet is to meet with an attorney to see what your rights may be.
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