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Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007
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HELP- Validation of DEBT ? NEED ANSWER ASAP!

I read somewhere in here that we are allowed to request validation of debt at any time?  I disputed/stated debt was not mine to LVNV/law firm collecting, they never responded until 7 months later....with the Summons & Complaint...I had also included cease & desist in the initial dispute time...
 
In my response to Summons & Complaint I also requested VALIDATION OF DEBT...I just NOW received their latest response to my defense to the judge that I never requested validation of debt until May of 06, AFTER the 30 days initial - they claim I have to request DV within the initial 30 days - I swear I read accurately that one can request at ANY TIME....
 
HELP - they claim they are NOT in violation - YET guess what - they STILL HAVE NOT provided PROOF they own the right to collect the inflated amount - help anyone!!!
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Timothy
Posts: 9,252
Registered: ‎03-19-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

If you sent a full C&D they don't have to resond to your DV request.
 
If you sent a limited- I hope you sent it CMRCR
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

[ Edited ]
So the OP is FUBAR?
 
All the CA needs to do is pull out the C&D and they are not in voilation.
 
Hopefully a lesson learned?  

Noah_Bodie wrote:
No such thing as limited C&D. If you use the words "cease and desist", they will comply.





Message Edited by Timothy on 07-01-2007 08:03 PM
Established Contributor
dog
Posts: 560
Registered: ‎05-03-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

my understanding is that a C&D is a C&D....
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

OH gosh your words just made me sick to my stomach - no I'm not in TX - unfortunately, I am in MN and I used a letter from Bud Hibb's website that was the brief statement I had used with the other (2) CAs in the 2 months previous to them...just said  "cease & desist; ALSO, I dispute any such debt due you or LVNV. 
 
I had sent the first (2) CAs CMRRR, one was FRED HANNA, and I thought it was crazy that within (3) months (3) CAs sent a bill/notice for the same debt (had no clue which one if any) had the "authority" to collect.  The first (2) never responded and I read they do not have to if they decide not to pursue further.
 
The other (2) dropped off the face of the earth with the notice; and I didn't hear anything again from CA #3, until 6 or 7 months later when I received the S&C, to which I responded with DV.
 
I simply do NOT have the money to pay them especially the additional $1k they added, this is the 2nd time I've been burned on this and you are right - it truly is a hard lesson I cannot afford:smileysad:  I was still too new to the sting and didn't know as much then as I thought I knew NOW.
 
Of course the hearing is Thursday, I'm still responding to the judge today in the crazy hope they get it tomorrow (because they won't on WED). 
 
Thank you all - will have to watch my bank acct & keep low for now:smileysad: then they'll come after the work! 
 
So in honesty, I don't appear to have them for any violations either?!!  I wrecked it all??
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

I asked about Texas because in Texas under state law one can demand validation at ANY time, not just within 30 days of initial contact.
 
If you're going to court on Thursday and don't think you have a solid argument, I strongly suggest you contact a lawyer. Try one of these two links.
 
Find one near you, call them, and try like heck to get in and talk with someone. When you call, you might get a secretary who will take your info, you might get a paralegal, or you might get to talk directly with a lawyer.
 
When you meet with them, bring ALL documentation you have. Everything you received, all copies of everything you have. Letters, CM receipts, RRR green cards, etc. Bring any old statements.
 
Ask whether the initial consult is free or will cost. If you have to pay a lawyer, it's always cheaper to pay your lawyer than pay the other guys lawyer.
 
Ask whether they work pro bono, contingency (if they see any violations), or would accept a payment plan from you.
 
Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

Noah,
 
Thank you - I may have mentioned, I wrote my own "reply memorandum" this morning and dropped it in a post-office that I believe will make it to the court by tomorrow.  I stated that I followed FDCPA and "disputed" the debt, that's why I figure or interpret (I get it, interpretation still gets us in trouble); that I followed the law; and requested validation when I received the very next piece of correspondence.  While I probably should not have, I added to my arguement/summary that when there are (3) different CAs trying to collect on the same debt, and the company they are trying to collect for has over 40 lawsuits pending in TX, it stands to reason any person would request validation!
 
I had already sent my items to a lawyer from the website you provided, he was going to review my initial "Reponse & Request for dismissal", didn't hear back from him last week but I went ahead & forwarded my Reply to him this AM as well in the hopes he can help!!
 
ALSO - let's say this really hits me in the a...the other problem I still have is the fact that the LVNV is reporting the account TWICE and the EQ refuses to remove the duplicate account!
 
Thank you so much for all your help, I truly appreciate it and am so glad this is it; though learning the extreme hard way is not what I had in mind since I've already been cleaned out by another baddie; I live paycheck to paycheck w/2 small kids - so it isn't easy for me to just say hey...whatever, I know this law firm has bad postings about how they wipe out bank accounts!
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: HELP- Validation of DEBT ? NEED ANSWER ASAP!

I strongly suggest you go to the courthouse yourself and deliver the reply so you know it gets there.
 
But I would first try calling the lawyer back, press their office about the urgency of the approaching dates. Ask about the cost and a payment plan, contingency or pro bono.
 
If they don't appear interested, try another lawyer. I cannot stress enough the importance of having a lawyer on your side if you're in murky waters. Even when the water seems very clearly in your favor, a lawyer might still be the difference between winning or not.
 
As Tuscani observed, all that matters is what you can prove.

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