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Hello All,
I had a collection placed on my credit report on 12/18. I did not receive any notice in the mail or phone stating I owed this alleged debt.
I filed a complaint with the FTC and BBB and sent a D=debt validation request on 12/22.
Is placing a collection item before sending a letter a violation?
I do not believe that it is. Do you recognize the debt at all? Sometimes collection agencies will buy the debt from the original creditor and then list it on your report. Once they do you can usually figure the collection atempts will begin soon after. You are on the right track here however, sending the debt validation letter was a good first step. I do hope you sen it out by certified mail so you can prove that it was sent. Remeber though a lot of these collectors will just send you out a copy of the bill as proof and this is NOT proper proof. Thye need to have the priginal signed contract and show that they have the legal right to collect.
Collections agencies must make a "reasonable effort" to alert you to any reporting, and must afford you 30 days to dispute the debt, or some portion thereof... The problem is this...
They generally send that notice to an address that is several years old, and thus, you never get it. So long as they don't get any "returned mail", they assume (nudge, nudge, wink, wink...) you got it.
More often than not, my experience has been that they never send anything out, thus denying you your rights.
Unfortunately, the law favors them in this case...
It's your word against theirs, should it ever go to court...
I did send it CMRR. I just received a letter today stating the original creditor's name, balance and my previous address. Also I letter stating a Capital Agency brought the debt and NCS is collecting on their behave. Both of these letter was dated 1/6/09 only communication I received. Should I DV these letters and again request validation?
Hi Mr.Jones
The creditors generally do not call you up before they list any outstanding debts in your credit report. If you do not agree with any listing in your report, all you need to do is to send a debt validation letter by certified mail to the creditor or the collection agency whose name you find in the report. According to the Fair Debt Collection Practices Act, only authorized listings should stay in your credit report and so if the creditors or the CA cannot validate the debt within 30 days of receipt of your letter, they lose their right to collect the debt and so you can send a dispute letter to the bureaus telling them that you do not agree with the debt.
The creditors must properly validate the debt. Properly validating the debt means that the creditor or the CA must provide you with a copy of the original signed document and the bills that are outstanding. If they did not provide you with such documents, you should send a letter to them telling asking them for the same. All correspondence with the creditor or the CA should be made by certified mail with return receipt. You can find sample letters if you visit the link letters of credit.
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You should hire an atrtenoy to advise you about this. First of all most of us here have no clue about a number of issues and second of all, asking US to give you legal advice is like asking a carpenter to perform brain surgery using a rusty tin can.All of the above aside, and reminding you that you should assume that the answer is "wrong" and hire a lawyer, here's the best answer you will get for free.If they get a judgment then they can garnish your bank accounts, levy a writ of execution on your personal property, and subject you to discovery in aid of the judgment which means ask you questions and make you produce financial documents.There are some state exemptions in Florida. Married people who own property jointly are protected against a judgment against one. You get a small exemption on your car. Your home is protected under the homestead exemption. Annuities and retirement money is generally exempt. Social Security payments are exempt too. If you have minor children, and you contributed 50 or more percent to their support, you probably can't have your wages garnished.As far as debt incurred in CA and you live in FL.Easy. If this is a consumer debt, they may only sue you in Florida. To sue in California would violate the federal fair debt collection practices act. Consumer debts are debts incurred for personal, household or family purposes. If its a contract debt for something else like an old business debt, they probably would sue you in CA and then try and domesticate the judgment in FL. If domesticated you have a host of defenses to that, but again you need to hire a lawyer.Finally, garnishment laws are different in each state, but if you have an account with a national bank with a branch in both states, your money will get garnished. Plan on moving your accounts to a no-name local yokel institution.References : Was this answer helpful?