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jenformark
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Subject: due process
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Thu Feb 25, 2010 4:19 pm
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| If a wage garnishment from out of state has been served to an employer, and the employer fails to notify the garnishee until after the appeal period is over, are they liable for the entire amount of the debt? |
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Lauralyn
Joined: 24 Feb 2010
Lauralyn's page
Posts: 5
107 Magic Points
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Subject: Debt Validation letter............
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Thu Feb 25, 2010 8:02 pm
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Thank you so much.............great letter, I will send it out to a summons I received............
Will let you know what happens.........
Thank GOD for the INTERNET............. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: due process
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Sat Feb 27, 2010 9:33 am
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hi Jenformark:
I think this depends on the state laws. State laws are different in different states on garnishment. So, you can check out the laws of your state.
Lauralyn:
Hope that your problem will soon get solved.
Regards,
Aaron.
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asemobilesecurity
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Subject: DV Letter
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Thu Mar 11, 2010 4:23 pm
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| When I pulled my credit report, the last 4 numbers of all the account number are XXXX. Before I send the DV how can I find these numbers or are they necessary. I would greatly appreciate a response. Thank you in advance. |
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Vicki D.
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Subject: Validation of debt
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Mon Mar 15, 2010 11:49 pm
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| I sent letters to a couple of creditors requesting debt validation. So far I have received 2 replies. So, I have two questions. First, what is the next step after receieving validation and you find the debt is incorrect? Secondly, what do you do if the creditor replies and says they have sold the debt to a collection agency? I realize that this happens frequently, but shouldn't the original creditor still have documentation of the debt? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: validation of debt
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Tue Mar 16, 2010 10:10 am
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Hi,
If you find after the validation that the debt is not owed by you, you can send a cease and desist letter to the collection agency. You will get a sample "cease and desist" letter at http://www.creditmagic.org/repair/cease-desist-letter.html .
In case, you find that the debt amount reported is incorrect you can first ask the creditor or collection agency to first update the amount. Attach copies of your proof with the letter to the creditor or collection agency. You can also dispute with the credit bureaus.
If the creditor has sold the debt to a collection agency (CA), you can pull your credit report to check which collection agency now holds the debt. Then you can contact that CA to pay the debt. However, you can request the original (OC) creditor to pull back the account form the CA, if you don't want to deal with the CA . If the OC agrees to pull back the account, you can then deal with the OC.
If the account has been totally sold off to the CA, then the OC may not want to deal with you anymore.
Hope this helps.
Regards,
Aaron
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davit
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Subject: collection
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Sun Mar 21, 2010 3:50 am
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| i received a call from a collections agency stating that i owe 4700 and i told the agent that i am disputing it and she told me that i will receive a letter within 5 to 7 business days and i havent gotten anything yet its been 3 months so what can i do can they damage my credit or not |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: collection agency
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Tue Mar 23, 2010 7:00 am
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Hi Davit,
You should first pull a copy of your credit report and check if the collection agency is listed against any of your accounts. If it is so, you can send them a debt validation letter. For a sample debt validation letter you can refer http://www.creditmagic.org/repair/sampleletter-debtvalidation.html .
If you really owe the money, this is definitely damaging your credit. Thus, it's better to pay off the due amount. However, before that you need to get the validation of your debt. Until the collection agency validates your debt, they cannot continue with the collection process. Send them the debt validation letter through certified mail, requesting a return receipt.
Hope this helps.
Regards,
Aaron
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Karthik
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Subject: Debt validation
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Mon Apr 05, 2010 11:08 pm
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| The debt collection agency has taken 6 months to reply to my debt validation. They did not respond within 30 days. Can they still try to collect against it or put on the credit report? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: debt validation
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Tue Apr 06, 2010 5:12 am
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Hi Karthik,
Under the rules of Fair Debt Collections Practices Act (FDCPA), the debtor is required to send a "debt validation letter" within 30 days of the first collection attempt. However, FDCPA does not mention that the creditor or collection agency is required to the validation request within 30 days.
Thanks,
Aaron
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shintao
Joined: 04 Apr 2010
shintao's page
Posts: 7
147 Magic Points
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Subject: Debt Validation Letter
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Fri Apr 09, 2010 2:22 am
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I thought I would hang my DV here and let everyone pick over it. I have tried to list the code to force RJM to comply to each of my six items. To remove the negative credit record, which I intend to offer them .10 cents of the dollar. They are currently offering me 70% off the debt for a one time pay & clean account. However I am unhappy with these people, so 90% off the collections. perhaps we can settle for .15 on the dollar.
But further, they sent me two statements, one for me and one for my spouse, treating us seperately to the same amount. That is fraud if we both paid the statements. Anyway, ck it out. I haven't mailed it yet, thought I would get some opinions.
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RJM Acquisitions LLC
575 Underhill Blvd. Suite 224
Syosset, NY 11791-3416
DISPUTE & VERIFICATION NOICE
RJM Acquisitions,
I am writing in response to your letter dated 03/31/2010, (copy enclosed) because I do not believe I owe what you allegedly say I owe.
This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section § 809(b), Validating Debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information:
(1) the alleged corrected amount of the debt, if any debt owed 15 USC 1692e: § 809(a)(1) 807(2)(a)
(2) the alleged name of the creditor to whom the alleged debt is owed; 15 USC § 1601(4)
(3) The alleged corrected account number with verification copy from the original creditor showing date of breach of agreement, if any., of what type of account and number of account processing was used. 15 USC § 1692(e) § 809(b)
(4) Provide a verification or copy of any judgments if applicable from any parties to the alleged debt. 15 USC 1692e: § 809(b)
(5) Proof that you are licensed to collect debts in the state of New York and California 15 USC § 1692(e), § 807(1)
(6) Proof of any collection agreement with the original creditor, if any showing the purchase of an alleged debt and date of acquisition of any alleged exchange of purchase amounts giving you authority to collect the erroneous debt, if any. 15 USC § 1692(e), § 807(2b), § 812 (a)(b)
Because of my best knowledge to this alleged debt contained in the erroneous RJM Acquisition letter (copy contained here), I am responding in dispute within 30 days by certified mail, signature requested, for verification all items above 1-6.
RJM Acquisitions may consider a prompt response, show verification of items 1-6 above, remove all negative erroneous and inaccurate reporting to any and all credit agencies and notify them of this dispute, and notify me when this is completed. If you do not own this debt as the collections agent, you must send a copy of this dispute letter to the original creditor.
15 U.S.C. § 1681 (2)
As such time as verification is received, I will consider negotiating some debt amount, but there is no current reason to believe this is a valid debt owed you or anybody else. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.
Lastly, you have fraudulently attempted to collect this debt twice from this same address on March 31, 2010, with two business statements for the same erroneous account number and amounts. Have you decided if you are attempting to collect the alleged $812.36, or $1624,72 ? If you prove to be a legitimate collection agency I will consider filing a criminal complaint with my CA. Attorney General and reporting RJM Acquisitions to the FDCPA for fraud and deceptive business practices.
I also made note that I was 70% through your letter before you announced you were a "Debt Collector," if you are, and if so that is deceptive and unprofessional conduct on your part, considering you put a phone number at the top of the letter beside a company name that does not include the legal term "Collection."
I WILL NOT SIGN THIS DISPUTE LETTER I AM MAILING.
This leaves them confused as to who it is from. The RJM guy refused to talk to me on the phone yesterday, said he wanted my spouse. I said I am a legal representative of the spouse according to my CA marriage licence. He got huffy, claimed he was going to file something & hung up. The guy also used a local phone #, when he is in NY & I am in CA. That is deceptive business practices. Anyway, this should be fun. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Sat Apr 10, 2010 7:24 am
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Hmm, I am thinking being nice and looking dumb might be a better way for me to go, so it keeps their generous offer open.
Here is a nice short that I can put my requested items under with no legality's used, and see what they do. I can always send them another dispute letter if I don't like the answers.
Dear Debt Collector:
This letter is sent in response to your kind letter, (copy enclosed), received from RJM Acquisitions on dated 03/31/2010. I am requesting that you provide validation of this debt, as this is the first time I have become aware a debt exists. I have no documents to show you at this time, because I can't show supporting evidence of what isn't mine, or that may have occurred 30 years ago (IRS doesn't go back that far do they?). The double negative argument.
1. Supply the first four numbers of my government social security number given by the original creditor to verify you are talking to the correct person. There are thousands of people with my name, and some of them (at least two others) in my local have the same name.
2. Supply the name, address, branch number of the original creditor and what date a breach occurred in their account, along with any account numbers (I do not recognize the account number supplied) I may have been using, and any debts they claim are attributed to me, any documents that bare my name or government social security number. If possible give me the agents name and phone number, address, with whom you acquired the debt from. He might be able to shine some light on this dispute.
3. Supply me with some identification/documentation that you actually are RJM Acquisitions, a document showing your financial relationship to the original creditor, and a date you assumed collection liability of the debt. I really do not know who you say you are, and there is plently fo fraud going around apparently in these tuff times. Does anyone vouch for you back there in New York? I tried calling you folks at 1-209-2019, just minutes after to someone from RJM Acquistions, who was pretty nasty by the way, and the number wasn't a good one. So at this point, it is going to take some verification. Thank you.
Hopefully we can clear this matter up for you.
Cordially, |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: debt validation letter
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Sat Apr 10, 2010 10:23 am
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Hi,
Yes, you can send this letter of yours. However, remember to send this through certified mail, requesting a return receipt. You then will have the proof that you had send the letter. In case, they can't validate your debt, you can use this to dispute the item off your report.
Thanks,
Aaron
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Guest
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Sat Apr 10, 2010 5:39 pm
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One question. In looking at transunion, it states
Date placed into collection (03/2010)
Estimated date that this item will be removed (06/2010)
Pay Status:Paid or Paying as Agreed. (Not true.)
Account Type: Open Account.
Responsibility: Joint Account.
In your opinion should I just let this item expire? It must be over 7 years old, at least. Their generious 70% off seems to say it all.
Right, certified/return receipt. |
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