Any DV advice on a supposed debt from 1999?

[hapagrrl]

I recently received a letter from a CA saying that they were hired by "Hawaii, 2nd Judicial Circuit" for -- get this -- "fradu use veh plate" and "no current safety c" (nothing else after the "c"), from April of 1999. Now - I did live in Hawaii in the 90s, but not in 1999. I have *never* received any kind of ticket in Hawaii, let alone one for the fraudulent use of *anything* NOR have I ever received any kind of letter, notice, etc. about this before.  So, I'm flummoxed --  I don't know what this is about and/or WHY they're trying to collect now, nearly 13 years later.

My question is -- can someone please point me to the link where there's a debt validation letter sample or two that I can use? I think I'm goanna need one! Any other advice on this would be appreciated, too, of course.

It just seems like every time I get close to getting things cleaned up, some heretofore unknown weirdness comes rearing its ugly head! sigh...

[pizzadude]

Have you had a chance to look at your CRs yet to see if it is showing ?  This would be way past the credit reporting time period, so it shouldn't be on your reports.

[Anonymous]

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@hapagrrl wrote:
 

It just seems like every time I get close to getting things cleaned up, some heretofore unknown weirdness comes rearing its ugly head! sigh...

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Aint it the truth!  I know exactly how you feel.  When we lived on the "all cash--no credit" system, we never had ANY letters come to us in the mail from collection agencies -- NEVER!   But, ever since we got back into "credit" we've been getting letters from collection agencies like they are desperate for ANYONE to pay whatever debt they're mentioning in the letters.   Its like they think because you once lived in Hawaii -- that's close enough. 

Now that we're back into credit, I have been monitoring both my husband's credit reports and my own -- like a hawk!!!  I don't want any nonsense from these collection agencies, they will try anything and everything to ruin you. 

Regarding your request for a good DV letter, I always liked what MarineVietVet suggests:

Keep it simple. You don't need anything long winded and/or legalistic. Something like this:

"I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under FDCPA 809, send me validation of this debt."

"You claim I owe you a debt. In accordance with FDCPA, send me validation of this debt."

"I received your letter claiming I owe you a debt. Per the FDCPA, send me validation of this debt."

This is all you need. Be sure and send it CMRRR.

Hope this helps! 

[RobertEG]

Courts are adjudicators, not investigators.  The simply statement that they were hired by a court is pure BS.  It is a violation of the FDCPA to allege they are agents of a court or any govenmental police or administrative agency when they are not.  But the issue of FDCPA violation is a different matter.

I would simply send them a DV letter, which invokes an automatice cease collection bar on them until such time as they provide the required validation of the debt.  That includes reporting to the CRAs,

It appears that their letter to you did not constitute proper dunning notice, as I see no reference to advisement of who the credtior is, or advisement of your DV rights.

Another FDCPA violation.  They are not playing the game fairly.

Thus, not even having provided required dunning notice, I doubt that they will provide debt validation.  Being under the cease collection bar imposed by your DV letter, they will have to put up of shut up.

[hapagrrl]

Hi, Pizzadude -- no, it hasn't shown up on my CRs, at least not since I last checked, in January.  Yes, I would think  13 years would be past the statute of limitations, but maybe not, if they're collecting for a court or legal entity (i.e.,"Hawaii, 2nd Judicial Circuit")?

[hapagrrl]

Thank you, discernment -- not that it's a good thing this kind of stuff happens, but I helps to know I'm not the only one; I'm sure many of us understand what a Sisyphean task credit rebuilding is! Can't wait to never have to go through this again.

[hapagrrl]

I'm sorry -  I didn't mention that the letter did include the obligatory "Unless you dispute the validity of this debt.." and "this is an attempt to collect a debt.." paragraphs. What I think is funny is the first sentence in the letter, exaclty as follows:

"TAX REFUND SEASON is upon us and we encourage you to take this opportunity to use you TAX REFUND to meet your outstanding obligation."

Huh?! Uhm, no: inappropriate.

[IOBA]

hapagrrl - when you lived in Hawaii, did you have a car?

Did you sell the car before you moved?

Did you ensure that the DMV recorded the sale and transferred the title BEFORE you left?

I am not sure, but it sounds like a policeman ticket was issued for using fraud plates - translation - the license plate registered to your vehicle was on a different vehicle.   The person who had the plate registered to their name would get the ticket.

I am not sure, but it sounds like a policeman ticket was issued for not having a current safety inspection sticker on the vehicle.   The old one expired?   Again, who ever is linked to the license plate would get the ticket.

If you didn't pay the ticket and you didn't show up in court, it would go down in the books as a debt.   The courts in DC hire a CA to go after outstanding tickets.   And they (DC and CA's) are becoming a lot more aggressive about collecting what they consider past due monies.

Let us know what you find out...