Validation Letters

[Trish]

Originally Posted by cleaningup

So what would be the next step when a CA fails to propperly validate? (I think I have read it somewhere on here but can't find it...)
I have sent a DV1 and DV2, only to finally receive a print out of a computer screen with the amount they are saying I owe them....

Did they send you the computer printout after they rec'd the DV2?
If so, I would write them another letter stating that what they have provided is not sufficient proof of the debt and they either need to provide better proof or cease all collection activity and consider the matter closed.

[cleaningup]

Yes, it was after they received the DV2. I will send another letter, and if they don't respond propperly what should I do?

By the way- thanks for the help, Trish

[Trish]

Sometimes these CAs think that if they just send us some printout, that's good enough and they can keep on trying to collect. ......BUT if you call them on it and let them know you don't think it's sufficient proof, then they either have to come up with REAL validation or stop attempting to collect (and by law, they cannot continue collection activity until the debt has been validated)

SO.....if they write you back with more BS pseudo validation, I would write them again saying it's still no good and if they do not cease all collection activity, you will start filing complaints and/or take legal action if they don't leave you alone.

If they don't respond and try to continue collection activity, they are in violation and you can file complaints and/or sue them.

~yw

[cleaningup]

Thank again I will let you know how it all turns out.

[Trish]

I'm guessing this would be the best spot for this letter...
It's a sample FOAD letter for a CA/JDB who is trying to collect on a debt that is out of SOL.

Junk Debt Buyer
Address
City, State Zip

Your name
address
City, State Zip


MM/DD/YYYY

Certified Return Receipt Mail No.: _____________


Re: Acct/File #


Mr. Scumbag :

I received a letter from your office on (DATE) over an alleged debt from (Year)with (Alleged Creditor). I have no knowlege about a past due amount owed to (Alleged Creditor).

Under (Your State) State Code the subject account has a (#)year limit for filing any legal action or collection.

The starting date of this statute of limitations being either, the date of the last mutual activity, or the date of first default with the ORIGINAL CREDITOR of the subject account. The ORIGINAL CREDITOR being (OC Name), which you stated in your dunning letter to me dated mm/dd/yyyy.

This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.

What you are attempting to do is clear, and continued collection activities, including reporting, verification or insertion of accounts, beyond their legal collection date, to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease any further contact with me.

You are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else.

Sincerely,
Your name

[cleaningup]

I just found out this CA is not liscensed in my state (OR). Any ideas on how to proceed?

[Trish]

Originally Posted by cleaningup

I just found out this CA is not liscensed in my state (OR). Any ideas on how to proceed?

Yes, google/check around and make sure this CA doesn't go under any different names. There are A LOT of them that go by several names.
Also check your state laws on collection. I found out in my state.......that if a CA buys the debt and owns it, they don't have to be licensed in the state of WA to collect.....nice, huh? But it's different in every state.....so you need to check. You can also call up your state licensing dept and check with them to make sure. I've had to do that several times.

If you need any more help, let me know....
You may want to start a different thread on this one too....since this is a totally different situation now.

[deepindebt]

I recently sent out a DV 1 letter to an attorney's office for a creditor for my wife. The attorney's office never responded with verification of the debt. They responded with a rather nasty letter telling my wife to contact to make payment arrangements. I recently sent out DV 2 to the attorney's office. However, in between that time my wife was served with a judgement papers to respond to.

How best should I handle this situation?

[Trish]

Originally Posted by deepindebt

I recently sent out a DV 1 letter to an attorney's office for a creditor for my wife. The attorney's office never responded with verification of the debt. They responded with a rather nasty letter telling my wife to contact to make payment arrangements. I recently sent out DV 2 to the attorney's office. However, in between that time my wife was served with a judgement papers to respond to.

How best should I handle this situation?

They can't do that.
It is a violation of the FDCPA (look up section 15 U.S.C. § 1692g(b)). If you sent them a DV letter, they cannot answer it with a summons. By law, they HAVE to cease ALL collection activity and validate the debt first. You will have an affirmative defense and can site this case:

Spears vs Brennan

You also have grounds for a countersuit here. Make sure you keep EVERYTHING so that you have a good paper trail.

You definitely need to answer the summons within the time frame you were given (I think it's usually 20 days). Call up the court and first verify that the summons is legit. They should also have the papers to file an Answer (they may even have these online). File your Answer with the court. Then the case cannot proceed and will more than likely get thrown out.

[deepindebt]

Trish,

Thanks for the information. I do have a couple more questions.

1.) How should I respond to answer the summons with the court? Should I answer send the debt collector's attorney a copy of my answer.

2.) For future reference...Should you always answer a summons upon receiving one?