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Whats the diff between validation. and discovery?

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gagirl82
Regular Contributor

Whats the diff between validation. and discovery?

Can someone please explain the difference between debt validation and debt discovery? I am being sued and have sent the lawyer what I thought was a validation letter yet it contained specific items I wanted the firm to send me to prove I owe the debt and that they have the right to collect. The firm has responded but only sent a statement page bearing my name and the original creditor logo (capital one). I am hoping that by them not being able to prove I owe the debt that I will win my case.
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Anonymous
Not applicable

Re: Whats the diff between validation. and discovery?

For advice on how to defend yourself in a suit, go here and read, read, read

Message 2 of 4
gagirl82
Regular Contributor

Re: Whats the diff between validation. and discovery?

Bump! It would be great if one of the mods would chime in.
Message 3 of 4
Anonymous
Not applicable

Re: Whats the diff between validation. and discovery?

OK, Here is the difference in a nutshell.

 
"Debt Validation" is what you sent to a collector after you receive their first communication about a debt. It merely requires them to stop collection activity until they verify that the information they have given you regarding the debt matches the information given to them by the Original Creditor.

"Discovery" on the other hand is a process specific to court actions. It is essentially a request for copies of evidence you have reason to believe the opponent has in their possession or evidence you believe they intend to present.

If you have presented the opposition attorney with discovery requests, and they have failed to provide the evidence requested then the next step is to file a "motion to compel" with the court, essentially asking the judge to order the opposition to provide the evidence. If the judge agrees and they still fail to provide the requested information, you may then file a motion to dismiss, or a motion for summary judgment 

Does that make sense?

To be honest, this is a subject beyond the scope of this forum. Go to the link I provided. There is TONS of information there on how to handle suits like this. This posting you should find particularly useful.

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