Debt Validation... COntract question

Submitted by golfman58 on Sun, 02/22/2009 - 21:07

If I request debt validation... how much of the contract do they need to provide me in order to prove the debt is validated?

I was sent one paper with my signature on it, but nothing tying it to an account of mine. No "contract" or agreement information, or account number, etc... Any help would be appreciated, thanks!

I can not imagine that this is proper valicdation if it does not include all the account details although I myself can not answer this for certain. Others here can. I just would believe it would have to list some other details besides just your signature.

Mon, 02/23/2009 - 02:02 Permalink

Hi Golfman
A proper debt validation includes a copy of the original signed contract between you and the original creditor, proof that the collection agency has purchased the debt from the original creditor and details of all the outstanding bills. Unless the collection agency provide all these details, you are not liable to pay them off as per the FDCP Act.

Tue, 02/24/2009 - 12:00 Permalink

Golman if this is the case then what they sent you is not proper validation. Remember to eep copies of everyhting they sent you and the proof you asked for the validation. If they continue to be bothersome you can send them a cease and desist letter. If you happen to need a sample fo a cease and desist letter you can look under the letters of credit link to the right of your screen and find one there. Hope this helps you. Good luck.

Tue, 02/24/2009 - 12:03 Permalink

Thank you all very much for the very useful information, it was very helpful.

I spoke with an attorney today and he told me that it didn't matter if the collection agency owned or was assigned the debt. It was regardless and that wouldn't stick in court. He also told me as for the statute of limitations, it didn't matter if I was able to show by my credit report when my last payment was to prove that it was over statute of limitations. Is this true?

Thank you very much!

Tue, 02/24/2009 - 22:53 Permalink

Yes, even if the creditor sells off the debt to the collection agency, it would not matter much if the Statute of Limitation on the debt has expired. If you can prove in the court, the judgment will be in your favor. Now, your credit report shows the date of your last payment towards the debt which is sufficient to prove that the SOL has expired.

Fri, 02/27/2009 - 03:29 Permalink