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Debt Validation Letter

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wendyrenaud



Joined: 26 Jun 2008
wendyrenaud's page
Posts: 2



101 Magic Points
Subject: Debt Validation Letter
 
 Posted on Thu Jun 26, 2008 3:01 am  
A process server came by my house today regarding oe of my credit card debts. I sent a debt validation letter to them about 2-3 weeks ago. Can they sue me for non-payment without giving validation of the debt?
 
wendyrenaud



Joined: 26 Jun 2008
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Posts: 2



101 Magic Points
Subject: Debt Validation Letter
 
 Posted on Thu Jun 26, 2008 3:02 am  
Please Help
 
scott

scott

Joined: 28 Jun 2006
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Posts: 180



4868 Magic Points
 
 Posted on Thu Jun 26, 2008 9:55 am  
Hi wendyrenaud
Since you have already send a debt validation letter, you need to wait for 30 days from the date the collection agency received your letter. As per Section 809 of the fair debt collection practices Act, a debt collector must cease collection of debt until and unless it obtains validation of the debt or any copy of the judgment.
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SCOTT

Social security, bank account, and credit card numbers aren't just data. In the wrong hands they can wipe out someone's life savings, wreck their credit and cause financial ruin.
 
Mary

Mary

Joined: 06 Jul 2006
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Posts: 322



8655 Magic Points
 
 Posted on Thu Jun 26, 2008 10:18 am  
I agree with you Scott. The Collection Agency has to stop all debt recovery proceedings till the time they validate your debt. If they cannot validate your debt within 30 days from receipt of your debt validation letter, you can dispute the listing with the credit reporting agencies. Now if they validate your debt try to come to an a repayment agreement with them and repay the debt. Always try to agree to a repayment plan that suit you, because if you do not repay the debt after getting validation of your debt, they may sue you for non-payment.
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Where there's a will, there's a way !!
 
Wendy
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Subject: Debt Validation Letter
 
 Posted on Thu Jun 26, 2008 2:53 pm  
Thanks for everyones help I did send a debt validation letter 2-3 weeks ago and now the credit card company is suing me for payment and they have not validated the debt. An attorneys office was the one trying to collect on the debt and that is where i sent the debt validation letter. Any input would be greatly appreciated.
 
scott

scott

Joined: 28 Jun 2006
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Posts: 180



4868 Magic Points
 
 Posted on Fri Jun 27, 2008 10:28 am  
Hi Wendy
Under the FCRA, Collection Agencies are not allowed to collect any debt until and unless they respond to your debt validation request in writing. You can complain against them to the FTC and the States AGs office and report them against the credit card company.
_________________
SCOTT

Social security, bank account, and credit card numbers aren't just data. In the wrong hands they can wipe out someone's life savings, wreck their credit and cause financial ruin.
 
Wendy
Guest
Subject: Debt Validation Letter
 
 Posted on Fri Jun 27, 2008 2:49 pm  
Thanks, Scott even though the credit card company sent it to a law firm to collect? Can I send a debt validation letter to a law firm and get validation. Also, I sent the debt validation letter via USPS not certified mail
 
goodnatured



Joined: 03 Nov 2007
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Posts: 3133



5260 Magic Points
 
 Posted on Fri Jun 27, 2008 3:37 pm  
You should do it via certified mail, often times if you don't the company will ignore it and act as if they never recieved it.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
Wendy
Guest
Subject: Debt validatin letter
 
 Posted on Sat Jun 28, 2008 12:57 am  
Are you allowed to send a dv letter to a law firm that is trying to collect on a debt for a credit card company.
 
CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 378



4034 Magic Points
 
 Posted on Sat Jun 28, 2008 2:13 am  
wendyrenaud
please refer to the following case in your letter to the CA.
http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html
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Mary

Mary

Joined: 06 Jul 2006
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Posts: 322



8655 Magic Points
 
 Posted on Mon Jul 07, 2008 10:18 am  
Hi Wendy
Debt validation letter can be sent to a collection agency, law firm, or anybody who asks you for repayment of your debt. The DV letter can even be sent to a creditor whose name you find listed in your credit report. It is an instrument which helps you to identify whether you really owe the debt or not.
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Where there's a will, there's a way !!
 
Justin

Justin

Joined: 17 Jul 2006
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Posts: 412



10749 Magic Points
 
 Posted on Mon Jul 07, 2008 10:58 am  
I agree with Mary. However, debt validation letter should always be sent within 30 days you receive any letter from the collection agency or the creditor and the debt collector must cease all collections from you till the time the debt collector can provide you with proper verification of the debt or any copy of a judgment.
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goodnatured



Joined: 03 Nov 2007
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Posts: 3133



5260 Magic Points
 
 Posted on Mon Jul 07, 2008 3:37 pm  
My debt validation requests from collection agencies have not been successful at all. I have never recieved a response.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 378



4034 Magic Points
 
 Posted on Tue Jul 08, 2008 4:18 am  
goodnatured

how many letters did you send? Did you send them cert mail? Did you dispute the listings with the CRAs after the first 30 day period expired?

If you have sent multiple letters that you can prove were recieved *cert mail* make copies and send a dispute letter to the CRAs informing them that you have requested DV and not recieved it & your rights under the FCRA are being violated and if they continue to report the listings they are in willful noncompliance under FCRA § 616 [15 U.S.C. § 1681n]

If you have sent more than 1 letter to the CA send the copies of the letters and the cert mail slips to the FTC and make an officail complaint. I also suggest making a complaint with the BBB. Zenith Aquisitions posted an account on my CR w/o ever contacting me about the alleged debt. I made complaints with the FTC and the BBB and they removed it b/c of the complaint to the BBB.

Anywho, If the CRAs send you a letter claiming they validated the debt dsend them a MOV letter and they will be forced to send you the proof they recieved. Chances are they didnt get any good information so you will get a letter saying they deleted it from your file.
_________________
****************************
Free sample letters,
info on paying off payday loans,
and quick credit repair tips.
Pesonalized credit repair advice in the forum:

www.homecreditrepair.net

http://homecreditrepair.hqforums.net/
 
goodnatured



Joined: 03 Nov 2007
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Posts: 3133



5260 Magic Points
 
 Posted on Wed Jul 09, 2008 3:03 am  
I have sent like 5, all certified, return receipt requests were signed, I have them all, I think I will try sending them to the credit reporting agency and see if that will work. They have never responded.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
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