Validation of debt too late?

Submitted by kimisue on Mon, 01/26/2009 - 21:35
Forums

A number of months ago I was serviced with a summons to pay a defaulted auto loan. They told me that if I didn't start making payments to this attorney that they would garnish. Stupid me, I agreed to make payments, but they refuse to provide a receipt for the payments or even a statement of account to show how much I still owe. They just tell me that they do not do receipts or statements. Can I ask for a validation of the debt at this point, or am I just stuck paying them forever?

You can request debt validation at any time. Have you asked them what you have left to pay on this account? By law they must inform you of what balance you owe. When they provide the debt validation there should be a balance. If they are not giving you any information on this debt I would call the atty Generals office in your state and report them.

Mon, 01/26/2009 - 22:00 Permalink

They have provided nothing and I have already sent them a letter requesting a statement of account via fedex, signature required, so that I can see the application of my payments. No response and it has been 4 months or more. I will send them a request for debt validation.

Mon, 01/26/2009 - 23:32 Permalink

Yes, if you are making payments still now, stop the payment and ask for debt validation first. They need to provide you with the proof that they own your debt and the debt has been sold off to them by the OC (if they are not the original creditor). If they can validate it, continue with the payments else stop the payment. Even if they sue you to the court for the payment, they cannot bring judgment against you unless they validate your debt. Moreover, if you pay them, they must provide you with necessary statements that they have received the payment.

Tue, 01/27/2009 - 06:43 Permalink

DV letter should always be send through certified mail with return receipt. According to the Fair debt collection practices Act, the creditor must validate the debt within 30 days in order to proceed further towards collection of the debt. But if they harass you for the debt without validating it, you can send a cease and desist letter to the creditor. You can find sample letters in this forum itself by visiting the link letters of credit

Tue, 01/27/2009 - 10:15 Permalink

If a cease and desist letter does not stop them from harassing you remember you can contact the states atty generals office or the FTC. I would also stop those payments as suggested until they validate. If they do validate and they take it in front of a judge you can tell him the hassle you are recieving from this company in attempting to pay off the debt. Likely it would not go this far but you have to remmeber you have rights.

Tue, 01/27/2009 - 19:36 Permalink
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