Debt Validation help please

[SSPA87]

This is the "debt validation" I received from First Equity regarding the 5th 3rd Bank collection. This really tells me nothing. My current address is NOT the address 5th 3rd would have on file. This shows nothing about when the debt is from. Based on my records of conversation with a previous collection agency, the DOFD would be around March 2009. The lady called me again yesterday asking if I received the "validation". I received it today.

I'm just not sure what to do at this point? Help please!

[vntrsc]

Did you send your request in response to receiving a collection letter that contained the 30-day validation notice?   

Or or did you send it as a result of finding a collection entry on your credit report?

When did you make your last payment, and what is the SOL for collection in your state?

[SSPA87]

This is a debt collector who was harassing family members via phone calls. I have never received anything from them before ever. I talked to them last Friday when they finally contacted me and said I was unaware of debt and asked them to send me something. This is what they sent. It is not and has never been on my credit reports. March 2009 is the best I can find as DOFD. I live in PA so this should be well out of SOL. I haven't lived in the state of this bank (KY) since December 2010. Hopedully that helps answer questions! 

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@vntrsc wrote:

Did you send your request in response to receiving a collection letter that contained the 30-day validation notice?   

Or or did you send it as a result of finding a collection entry on your credit report?

When did you make your last payment, and what is the SOL for collection in your state?

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[RobertEG]

The FDCPA does not specficaly define what is or is not adequate debt validation.

Case law interpretation has, in a majority of jurisdictions, held that documentation is not mandated, and that the debt collector need only conduct an investigation and verify that they have found the debt to be legit.

What is or is not adequate validation is handled on a case by case basis, based on the case law precedent for the given jurisdiction.

You can challenge the adequacy of the validation, and get the matter before a court for its evaluation.

As an aside ,there is no requirement that a debt collector provide any validation.

If the DV request was timely, it imposes a cease collection bar, but does not set any period or requirment for a response.

If you consider what they have sent to be inadequate validation, you are effectively holding that you consider them to remain under a cease collection bar.  No violation occurs unless or until the debt collector subsequently renews collection activities, and you assert that they have thus violated their cease collection bar due to lack of prior validation.

You can send the debt collector informal statement that you dont consider their response to constitute adequate validation, thus putting them on notice that if they resume collection activities, they may be subject to civil action for violation of the cease collection bar.

However, there is no violation based simply on your position that the validation is inadequate.

[SSPA87]

Thank you. That all makes sense, I just don't know what I should do next. Do I just offer a super low settle-in-full option? Do I do nothing? I just don't know. I don't even recall owing anything of this kind of amount because as I mentioned, I've heard nothing about this previously (aside from the one conversation with a collection agency in early 2013 which I did because I think it was on ChexSystem at that time)

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@RobertEG wrote:

The FDCPA does not specficaly define what is or is not adequate debt validation.

Case law interpretation has, in a majority of jurisdictions, held that documentation is not mandated, and that the debt collector need only conduct an investigation and verify that they have found the debt to be legit.

What is or is not adequate validation is handled on a case by case basis, based on the case law precedent for the given jurisdiction.

You can challenge the adequacy of the validation, and get the matter before a court for its evaluation.

As an aside ,there is no requirement that a debt collector provide any validation.

If the DV request was timely, it imposes a cease collection bar, but does not set any period or requirment for a response.

If you consider what they have sent to be inadequate validation, you are effectively holding that you consider them to remain under a cease collection bar.  No violation occurs unless or until the debt collector subsequently renews collection activities, and you assert that they have thus violated their cease collection bar due to lack of prior validation.

You can send the debt collector informal statement that you dont consider their response to constitute adequate validation, thus putting them on notice that if they resume collection activities, they may be subject to civil action for violation of the cease collection bar.

However, there is no violation based simply on your position that the validation is inadequate.

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[vntrsc]

If the debt is outside the SOL, just send a cease and desist communication letter.  All you have to state is that you dispute the account and demand that the collection agency cease and desist all communication.