I sent Asset Acceptance LLC a DV letter for a debt of mine they recently purchased. Instead of some attempt at a validation letter like I received with another acct of mine they have, they send me a letter saying they haven't gotten a reply from their first letter and if I don't call them and arrange a repayment plan, my acct will be sent to the legal dept and I could possibly face a lawsuit.
I don't buy into their scare tactics and I know this is violation of the FDCPA and I could sue for $1000. And if they tried to sue me I could have it thrown out because they violated FDCPA. I have the certified and return receipt to prove it!
So do I send them another letter stating they are in violation? Do I let them try to sue me and countersue since I'm fairly sure I'll win. I'm open to everyones advice and opinions!
Hi Mike,
I would send them a letter and address both the violation and again request the information that you have requested before. These companies that buy up debt try to use the scare tactics and be pushy about their collections. They buy the debt for pennies on the dollar and then try to reel in a quick buck.
Up to you, but I would address it one more time. You may want to cc a copy to your state attorney generals office to show them that you mean business. Goodluck.
Hi Mike,
It is nice to know that you are aware of the FDCPA and its violation. You can send intent to sue letter to the collection agency along with the proof that you have. if they still pursue you, then file a complaint against the collection agency.
How does this debt validation thing truly work? I sent to a debt validation letter over 6 weeks ago asking that a debt be validated after a collector was calling and threatening lawsuit. It has been well over the 30 days I suggested and I still have heard nothing. They told me on the phone they legally have 60 days to validate. So what if they do not validate? Can they still win in court if you asked and they never validated? I a m a little confused on this matter.
Hi Firey,
I think when the collection agency does not reply for the first time, you can send a debt validation follow-up letter to them. If still they do not send you any documents to validate, then you should not pay the money. Later when they sue you, appear in court and tell the judge that you wanted debt validation, show the proof that you sent letters twice and since the agency did not validate, you were not sure if the debt belonged to you. Hence, you did not feel safe to pay the money. Logically, if they are not able to validate the debt, then how do you know if it is your debt? So then, I do not think one should pay.
Hi Justin, I agree with your logic on this matter. What I am wondering is not validating a reason for the judge to rule against the collector and release the debt from the person who defaulted? I have always heard if they do not validate they can not win in court if you show the proof you asked. I would think some kind of consequence would have to exist or no collectors would ever validate and just take the debtor to court.
The reason I ask is because I asked for validation. I moved a couple years ago and there is no home on the property i once lived. How do I know they do not send a summons to that address (even though they have sent letters here to my new address after I gave it to them). I hear collectors can be sneaky. This is still on that authorized user debt they claim I am responsible for.
it is illegal to file a suit without responding to the DV.
this is a case in the appeals court
http://creditboards.com/forums/index.php?act=attach&type=post&id=23
you can sue them in federal court and get their lawsuit dismissed
XQsRkEVFQY
KMszNf Thanks a lot for the post. Fantastic.