In an effort to get my wife's credit cleaned up, I'm currently working on dealing with a collection account that's a result of a judgement against her and her ex-husband. The judgement was rendered against her on 1/30/2003 but we're wanting to deal with it now, rather than wait for the seven-year sunset to come to fruition (assuming that's how judgements also work).
Question is, what is our best course of action rather than paying the judgement (since as a result of my wife's divorce, he assumed responsibility for the apartment when she moved out, though he let this come to what it is today). Here's a letter I wrote to the collection agency who currently ownes the debt that I was advised to send from this board; is this the proper course?
WIFE NAME
ADDY
Action Collection Agency, Inc.
Attn: Jamie Miller
PO BOX 210166
Nashville, TN 37221
02/19/2009
Re: Action Collection Agency, Inc.; Acct ### OC, File ID: ####
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on 02/13/2009. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Action Collection Agency, Inc. for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Action Collection Agency, Inc. for this alleged debt:
- Signed credit application between myself and the original creditor, Ridgelake Apartments
- Copies of all signed vouchers from the date account was opened until default
- Copies of all statements from the date account opened until default
- Proof of the statute of limitations
- Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
- A copy of the contract Action Collection Agency, Inc. purchased the alleged debt.
- If the alleged debt was purchased, provide a copy of an agreement between Action Collection Agency, Inc. and myself, signed by me, stating that I have a contractual responsibility to Action Collection Agency, Inc. for the alleged debt
- Provide proof that Action Collection Agency, Inc. is bonded/Licensed for debt collecting in the State of Tennessee
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Action Collection Agency, Inc. is asserting regarding this alleged debt. If Action Collection Agency, Inc. can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Action Collection Agency, Inc.
If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2,500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist. I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.
Best Regards,
NAME
Thank you very much for any advice!
