Can a 2nd creditor enforce a judgment?

Hi usconnect,

Welcome to this community :)

The creditor or collection agency, whoever holds the debt can sue you for not paying the debt. Now, as the debt is with the second collection agency they can sue you for non payment.

However, you should know that under the rules of Fair Debt Collections Practices Act, the collection agency cannot sue you if they do not validate the debt with you. In fact they are not supposed to continue with any kind of collection process till they can validate your debt. So, if you have the proof of the validation sent to them , you can dispute this item with the credit bureaus.

Send a dispute letter to the credit bureaus, along with proof of the validation letter, and the answer that they sent. You can use the sample dispute letter available with this forum to write a letter of your own.

Even if they file a lawsuit against you, you can file a motion to dismiss the lawsuit, using the validation proof. You should also file a complaint with the Federal trade Commission, and your State Attorney General.

Thanks,

Aaron

Is there a 'proper' validation the CA's shpuld be sending? For ex: I asked a CA to validate a debt, I had with them. All I received was a copy of something that had my name on it, however, no balance of any kind, on it. My name wan't even my signature. It was just typed in.

Hi sdchargers,

Yes, they need to send you proof that they bought the debt from the creditor, or they have the authority to collect from you. Other than this they will have to provide you a copy of your original signed contract with the creditor. For more details you can refer the sample debt validation letter.

Thanks,

Aaron

When I had spoken to this (so-called) CA, they never did provide proof that they 'owned' the debt. And, as I said, the OC said they never sold it to a CA. Crazy!!

but what is proper debt validation, I have yet to see what actually constitutes it. What does the collector have to provide by law that is actual proof of debt. I have read on several posts on here that collectors will send a copy of a monthly bill? Is this enough because if it is any one can get a copy of a monthly bill.

What does the collector actually have to show to prove that they are authorized to collect the debt? I don't think that I have seen the answer any where on the site yet.

When I received the documents from the CA, it sure didn't look like ANY contrsct I've seen before. Just my PRINTED (maybe typed) name on the bottom of it. That's sure not proper validation!!

I can not find any where that some one defines proper debt validation, do they have to provide more than a statement or a past monthly bill? Do they have to produce a transfer of the debt? Do they have to prove that they legally own the debt or that they are legally qualified to collect it in your state? All these questions but my main one is what is proper debt validation.

If you think about it to show ownership you have to show some type of legal transfer, a good example would be like a car, you must transfer the title or you don't own it. If someone takes over payments then that debt is transferred over into that persons name. Debt collectors should be held to the same height of showing ownership, I would think that is the only way to make it legal.

Could someone explain please?

Hi creditisbadnow,

The collection agency to validate the debt is supposed to send you copies of the monthly statements as proof of the outstanding debt owed, a copy of the original signed contract with the original creditor, and proof that they have the authority to collect over this debt. For more details check out http://www.creditmagic.org/repair/sampleletter-debtvalidation.html .

Thanks,

Aaron