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I received a letter from a collection agency for an old credit card balance. My problem is I received it after the 30 days it said I had to validate it , because my P.O. Box was closed , Because I had no money to pay the fee. I want to send them a validation letter. Do I still have any rights to say they have to validate it , even though it is after the 30 days they mailed it? Will they use this as an excuse to not validate the debt. I also found that they are past the SOL. How do I prove this, if I don't get a copy of the original credit card agreement or contract? Or if I don't get it in time for the small claims suit they set up to defend myself?
Do NOT send them one payment if they are past the SOL. Usually by the time a debt reaches this stage it is sold off and with out the proper proof. You could go ahead and send a debt validation letter but if you have any proof to show this debt is past the SOL you can also send a cease and desist letter. I think you will find that they will go away quickly. Do you have a copy of your credit report that states when the original creditor listed the debt as thirty days late? They all usually have this listing and it would serve as a copy of proof that the debt has expired. You can get a free copy of your report from annualcreditreport.com. DO NOT make a payment or you will restart the SOL!!!
to fireyone
All I know is that the state's SOL is 3 years. My state is more , but this is a capital one card. I have to get a copy of my contract. What happens if I go to court and they duidn't get me one for my proff which says it goes by the state of the credit card. I found in research on capital one this is true. I need the origianl cc contract. no I am trying to get credit report. didn't have all info to get it online. I also have a medical debt I just got from the same collection agency , which says it got it form another collection agency, not the hospital. I would like to settle this with the hospital, buy now its 4 years. I tried the financhial services dept before and I didn't have all their requirements like 3 months pay stubs. I didn't have them all and they said try again. I'd like to go to the hospital and say please take it back from collections and I want the financhial aid grant I asked for before. Now this hospital debt has doubled. How? It loks like the 2 collection agencies added 500 each to my bill. How does a collection agency collect for a collection agency? They say they were assigned. I read about them and they lie alot. I need advice please. I am currently unemployed on emergency unemployment and no money to pay these or a lawyer. Can I find legal advice r a lawyer somehow.
Hi Jenny
As per the Fair Debt collection practices Act, you must send a debt validation letter within 30 days from the date of receipt of the letter from the creditor or the collection agency and not from the date on which they send the collection notice. So you can definitely send one DV letter by certified mail with return receipt. Moreover, if the debt is past SOL, you need not worry about validation, because even if do not ask for validation, they cannot collect the debt.
Yes, you can still go for debt validation and the creditor must validate the debt within 30 days from the date they receive your letter. Debt validation must include the outstanding bills and a copy of the original signed contract between you and the OC. If they cannot validate the debt, then there is no problem because they cannot collect the debt. But if they sue you to the court, you will receive a court summon and you need to file a response to the summon. On the response you can mention that you do not agree with the debt as the SOL has expired.
I need help. thanks justin, Fireone,mary
I need to get the debt validated so I have the proof of the SOL being over, which will be in my original contract. I am worried that since I am going to small claims on this... I was summoned that I will not have the validation, which includes ...ie: the poriginal contract in time. my answer is due in 30 days.My sol is 10 years, virginia where the cc co is is 2 or 3years. I have read that with capital one it goes by the state of the credit card company which is written in the contract . there is more than one way of SOL's. They are also lying about the authorized agent and notary. How do I prove who they work for and what state they are in. This lawyer has already taken many to court by captal one.
You do not need debt validation to prove the debt is past SOL..what you need to do is go to www.annualcreditreport.com and pull up your report...its free. It also does NOT go by the state of the credit card company..it goes by the state you aquired the debt in. So if that states SOL is 2-3 years this is what you go by. Pull your report and look at the listing for the original creditor and see where they list the debt as 30 days late. It is there. If you have not made any payments since that date then your past the SOL if its over the 2-3 year time period. You also need to copy that report as proof you can take with you to court.
hi. still need debt valid advice
sorry fireone your wrong. it goes by the state of the card holder agreement. in this case virginia. i need a copy of it though to prove the SOL. my state is 10 years.. anyone have capital one and a card holder agreement or contract for them? unfortunately, i never copied mine.
I have asked this to many people and always got the same answer it goes by the state the debt was aquired in. Just in case and for my own peace of mind I will make a new posts so we can know for sure. OK?
debt validation
not anymore. they were sued an the judge said by cardholder agreement. so its what ever the agreement states.
Yes Jenny you are right, the statute of limitation on the debt is applicable for the state in which you have signed the loan agreement and not where you are staying now. However, if you receive a summon from the court brought by the creditor, you need to file a response to the summon in the court where the case has been filed, but the SOL will be valid for the state where the agreement was signed.
So if if it the card hholder agreement that could actually be the state the company is from? Jenny, if this is true everyone would have to keep a hold of their original papers. Of course someone always should but I know for mmyself I never did. I really did think it was the state the agreement was signed in. I asked on srparate post I will have to check.
Hi Jenny
If you want to get a copy of the agreement, you can get it from the creditor or the collection agency who owns your debt. For this you can send a debt validation letter to the creditor and the creditor must validate it within 30 days from the date of receipt of your letter. A proper validation would include a copy of the original signed agreement between you and the original creditor.
What happens if they will not send this copy and you want it so you can review it. I know if they do not send you this for debt validation they can not collect the debt. Is there a place on line someone could go to pull up a credit card holder agreement so they can relook at it if they lost theirs?
Hi everyone
Haven't been on in a while. This collection summons suit is making me sick. I have no contract from th attorney like I asked and I called the creitor and a CSR said they can't find my account. The problem is the orig creditor was capital one. The lawyer sent me only 2 statements and a blacked out offer card for the credit card I signed up with. He's pretending thats validation. Thats no contract. Besides I found out my acount is charged off and says transferred . What does that really mean? I have no idea who the real party is to the suit. They're hiding. help.
Since you have received a summon, you should first file a response to the summon to avoid default judgment. Next you can send a debt validation letter by certified mail, to keep a proof that you have asked for debt validation. Just sending you outstanding bills is not proper debt validation. The CA must provide you with a copy of the original signed contract between you and the OC and prove that they have purchased the debt from the OC. If they cannot validate it, the judgment will be in your favor.
debt valid/ collections
Mary,
I added to my post from a month ago. I still need help. I have no idea who the company is that owns my credit card debt. The credit card company (OC) says they can't give me info because two parties can't collect on the account. The lawyer says its with the origional creditor( the credit card company. I asked the lawyer for validation proof. He gave me none. the customer service from OC says can't find a record of my account , but can transfer me to a department ( another company to find out). I called legal services of the OC today and they say they can't tell me anything because two company's can't collect on the same debt and told me to call the lawyer of the OC, who swers the OC has it. help. I think I have no idea who the lawyer is collecting for or who the real Plaintiff is in my small claims suit.
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