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Last year, I received some debt collection letters. After searching, I found some information about the FDCPA and debt validation. The site I found had a debt validation letter that I copied and pasted and sent to the collection agencies. The collection agencies never sent what I asked for.
Here is the site where I found the letter.
I have done more research and found other sites that say that the letter I sent is not good. I just got a summons for a credit card debt. That link also tells you how to fight a debt collector in court.
I’m really confused. Could some of you tell me what you think about the debt validation request letter and what it says to beat a debt collection lawsuit?
More than likely the original creditor will be the one filing the suit, if it is a balance big enough to collect on. Otherwise, they won't bother suing.
The debt validation process under FDCPA 809 does not include any requirement that a debt collector respond to any request for debt validation, and sets no period for any response.
The DV process was implemented to provide consumers with a reprieve from active collection activities by debt collectors by imposing a cease collection bar, but ony if the consumer sent a request for debt validation within 30 days of receipt of the collection ("dunning") notice from the debt collector.
There is no period for or requirment to send anything.
A debt collector can choose to simply cease futher collection activities until such time as they may decide to send validation.
However, if they file a civil complaint, then the defendant can use the discovery process provided under the rules of civil procedure to require the plaintiff to provide documentation to the court that is relevant to the suit. That is not a part of the FDCPA debt validation process.