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Debt Validation Letter

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wendyrenaud



Joined: 26 Jun 2008
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144 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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144 Magic Points

Subject: Debt Validation Letter
 
Posted on Thu Jun 26, 2008 3:02 am  

Please Help
scott

scott

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10890 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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Mary

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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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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

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10890 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.
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SCOTT

Use your credit account responsibly and enjoy a debt free life.
Wendy
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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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543 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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Wendy
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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

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Joined: 08 May 2008
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5522 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

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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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Justin

Justin

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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



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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.
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CMBV22

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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.
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and quick credit repair tips.
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goodnatured



Joined: 03 Nov 2007
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Posts: 3931



543 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.
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