Debt Validation Letters - can hurt?

[Anonymous]

Hello, been reading the forums for a while and loving the info!!  Huge thanks.  Now, I have a friend who has 2 accounts on her credit reports that she says are her ex-spouse's accounts.  She has already tried to dispute with the bureaus, but they have come back "verified".  I want to suggest she does a debt validation letter, but I spoke to a guy who told me that it's risky.  He said that if the debt is large enough, the collection agency will just file a small claims case rather than take the time to validate the debt and then it would turn into a judgement rather than an old collection, which would be worse yet.  I don't want to give her bad advise and screw her credit up worse, is this guy correct?  Has anyone ever had a debt validation letter backfire on them?

Thanks!

[Anonymous]

ttt

[Anonymous]

With no disrespect to your friend but that is not accurate information.   They are required by law to validate any debt per  the fair debt collects practice act .   It's the law.  http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm  see sect. 809

[Tuscani]

The possibility of being sued has nothing to do with the CAs legal obligation to validate the debt.

[Anonymous]

where can i find some DV letter examples guys....?

[Tuscani]

you

them

6/23/2007

Re: Account xxxx

 

To whom it may concern:

In an attempt to validate this debt, I must demand proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports on my Trans Union, Experian, and Equifax credit reports of this past debt as mine.

I must ask you to provide the following information:

1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.
2. What is your authorization of law for your collection of information?
3. What is your authorization of law for your collection of this alleged debt?
4. Please evidence your authorization to do business or operate in this city and state.
5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
6. Please provide a complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity. In short, any and all documentation pertaining to this account.

You have thirty (30) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you may have reported it to.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Thank you,

Message Edited by Tuscani on 06-26-2007 07:13 PM

Message Edited by Tuscani on 06-26-2007 07:14 PM

Message Edited by Tuscani on 06-26-2007 07:14 PM

[Anonymous]

Thank you,  Tuscani

[Anonymous]

On the correspondence, what personal identification do you need to provide, if any.  Am I required to provide it?

In your experience, how many times do I have to send this without looking stupid.  Is there a way I can go further?

[liz9100]

How did this work out also I was told a collection agency only has a limited amount of time to sue someone. It depends on your state but ask someone who know that law better. I was a bill collector 15 years ago or longer. That the only thing I remember that I can pass down to others.

[Anonymous]

Hi,

I wanted to throw the law codes in my DV letter the ones used in Tuscani's letter do they apply to all states?  I'm assuming they would because it would be federal law but I'm a newb and don't want to mess anything up.

Thanks,

Brendyn