What is validation?

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

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@Anonymous wrote:

This is a portion of a letter sent to a Collection Agency.  By all means, use any and all FDCPA to prove your case on a debt.  these people who received the letter containing this info, immediately removed the acct from my CRA.  Also, according to the FDCPA, the initial collection letter must contain, " if you are disputing a portion of the debt or all of it, it must be done in 30 days, or the debt is considered yours.  Which, their initial letter did not contain these words or a copy of the original debt.  Worked like a charm...

FDCPA Section 809 (Validation of Debts) According to the Fair Debt Collection Practice Act (FDCPA), Section 809 (Validation of debts), as a consumer I have the legal right to request that your company mail copies of the original documents; especially documents bearing my signature.    Also, according to the FDCPA, when a collection agency sends a consumer an initial debt collection letter, you must also attach verification of the debt.  Verification of the debt, does not consist of the statement, your company used information provided by the original creditor.  You MUST send copies of the original document

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Completely false.

There are numerous federal court decisions which state precisely what is required in DV: very, very little.  That they need to provide original contracts, old statements, documents bearing your signature or even the kitchen sink is nothing more than an old wives tale.

The only thing they are required to do is confirm with the original creditor identification details and a breakdown of the amount owed.  If requested they must also provide the name and address of the original creditor.  They simply put this data in their communication to you and they have performed a legal DV.

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I will add that if there is a judgment, they have to provide that paper work also.

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You are, of course, right.  Thanks for filling in the gap. 

[Anonymous]

If you have collectors calling you with dubious records you should speak to a debt-relief lawyer. All of that stuff that's not required (original contracts, etc.) to prove the debt can be subpoenaed in court. If you believe they can't prove you're obligated to pay, then you should get legal advice.

NYT reports on the new debt collection operating model:

http://www.nytimes.com/2010/07/13/business/13collection.html?_r=2&pagewanted=print

[Anonymous]

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@Anonymous wrote:

If you have collectors calling you with dubious records you should speak to a debt-relief lawyer. All of that stuff that's not required (original contracts, etc.) to prove the debt can be subpoenaed in court. If you believe they can't prove you're obligated to pay, then you should get legal advice.

NYT reports on the new debt collection operating model:

http://www.nytimes.com/2010/07/13/business/13collection.html?_r=2&pagewanted=print

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You really do not need an attorney.  Any debt can be brought to court, it is the process of the CA proving it is your debt.

If they did sue and in court could not provide enough information, it will be dismissed.

There is also the DV process.

[Anonymous]

I beleive that the information provided regarding verification of the debt stating that there is no precise definition of what constitutes "verification" of the debt is right on-the scant reference to the original creditor, the amount owed usually is sufficient to satisfy the federal requirements under the FDCPA.  I am an attorney and, on occasion, my practice touches on various debts of friends, family or church members related to credit card collections.  I would say that probably 90% of the original creditors assign or sell the debts to debt collectors, who then try to collect from the debtors.  It has been my (limited) experience in Chicago that probably only about 10% of these collection lawsuits are properly filed or can actually prove their case.  I have bluffed most of them by setting the trial and seeing if the assignment creditor can (or will) produce a keeper of records to testify in court to actually validate the debt-most times they can't and just dismiss the complaint with the leave to re-file (which they almost never do).  i'm just offering this because if you set the matter for trial and you answer ready for trial and they are not ready, they will usually dismiss the case (though they can re-file it).  If they answer ready, you can then try to settle if you believe that debt to be valid.  hope this helps someone

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@Anonymous wrote:

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@Anonymous wrote:

If you have collectors calling you with dubious records you should speak to a debt-relief lawyer. All of that stuff that's not required (original contracts, etc.) to prove the debt can be subpoenaed in court. If you believe they can't prove you're obligated to pay, then you should get legal advice.

NYT reports on the new debt collection operating model:

http://www.nytimes.com/2010/07/13/business/13collection.html?_r=2&pagewanted=print

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You really do not need an attorney.  Any debt can be brought to court, it is the process of the CA proving it is your debt.

If they did sue and in court could not provide enough information, it will be dismissed.

There is also the DV process.

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[Anonymous]

I sent a DV letter and never recieved any response whatsoever the only communication I have recieved from the CA is a pay this in full now or request validation within 30 days, and i sent a DV letter immediatly Certified with Delivery confirmation. I discovered the Collection well before they sent  the bill. This is not a debt I owe from a company I have never done business with. They did call me once at 6:30 in the morning on a Saturday and  i only said, "Its 6:30 on a Saturday, mind calling me back later?" I have sent them my phone number to call me etc... and I have gotten no response, I have called them and get sent to "auto hang-up" and never talk with a person.  I sent them paperwork showing that I didnt owe the debt (That I didnt live anywhere near the service region they were talking about, nor had I ever lived in an area where it was even possible), no response. They do however keep increasing the amount on my credit report a dollar or two every week?  I have disputed it on my Credit reports but the accounts still say Its in dispute and its been nearly 3 months. Next step, Im told is to go the police department and file a fraud report, which i am willing to do but really dont want to go that route, this is a major inconvenince and i didnt do anything to deserve it. Wouldnt it be nice if it was as easy to get erroneous debt and CR information off as it was to get it on there? What are my next steps? Ive been told that just getting it removed from the creidt reports doesnt do much as they will re-sell the debt and put it right back on there under a new CA's name (which im told is one of the shady tactics this particuarl agency uses, selling it back and forth between the various names they do business under)

[terren2000]

If I acknowledge the debt, and then change because through research I find they violated the 4year statue of limitations, will a court allow this, even though I admitted to the debt earlier in court?

Because im in court now, and have found information that showed they are pursuing me after the SOL.  But will the court buy it.  I have proof, but theres some math that ahs to be done to rpove it.

[Anonymous]

What do you mean they violated the 4 year statute of limitations?  You can admit to the debt but you can use the out of SOL as an affirmative defense.

[terren2000]

they pursued a judgment on me after the 4 years were up.

[Anonymous]

Unless your state clearly says they cannot pursue a judgment on an expired SOL, they can.  It is up to you to use the expired SOL as your defense.

[Anonymous]

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@Anonymous wrote:

Unless your state clearly says they cannot pursue a judgment on an expired SOL, they can.  It is up to you to use the expired SOL as your defense.

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Very true.

Unless I am mistaken, however, you can nail them on a FDCPA violation for suing you after the SOL expired.  I'd need to check to be sure once I get back from vacation.

Still, if you don't actually appear and raise the SOL as a defense, you probably will end up with a valid default judgment against you.