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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1498
111 Magic Points
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Subject: validation
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Thu Oct 01, 2009 12:50 pm
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| A few CA's have told me they "are not obligated to send debt validations." How would I get around this? I had a few CA's calling, about debts, that were past my states SOL, AND,..a few have called about debts that actually have 'fallen off' my credit. Any advice? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Fri Oct 02, 2009 1:43 am
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SD, for the debts that are past the statute of limitation and definately the ones that have fallen of you need to send an SOL expiriy letter. Carol gave me a exccelllent example one on another post. Sorry to say I do not quite remember which one.
As for the debt validation this is your irght per the Fair Debt Collection practice. I would suggest to the next collector that they take a look at it. Sometimes you need to let these places know that you didn't fall off a turnip truck and actually know what your rights are. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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jassica
Joined: 13 Sep 2009
jassica's page
Posts: 68
14 Magic Points
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Fri Oct 02, 2009 5:48 pm
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validation of a debt is competent evidence that the party requesting payment is the correct party to pay, that the amount is accurate and legal, and that you’re the correct person they’re looking for.
Validation applies to ANYONE that’s ever received a letter from a collection agency asking for payment. There are many collection agencies that break the law while attempting to collect debts (approximately as many as there are collectors). Validation is a right afforded to you under the FDCPA section 809. That section also states that if a request for validation is received within 30 days of initial contact, the collector MUST cease all collection activities until validation is provided. Continued collection activities include, but isn’t limited to, reporting the alleged debt to the CRAs, sending dunning letters, phone calls asking for payment, or reducing the debt to a judgment |
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