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?
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.
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.
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.
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.
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
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.
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.
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.
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.
Hi goodnatured
Sent copies to all the three credit bureaus by certified mail. The CRAs will review your letter and verify with the collection agencies. If the CAs cannot satisfy the CRAs then the listing will automatically get removed form your credit report.
great, I have copies of everything, I will get them out to them as soon as I make more copies, back to work on monday, so will take care of it by the weekend here.
A CA is calling daily trying to collect on a 11+ year-old debt AND they're showing up on all 3 of my credit reports. Do you think it's a good idea to inform them via phone, fax the Debt Validation Letter and then send the hard copy of DVL via certified letter? OR would it be best to just dispute with CRAs and then wait 30-days to send that 1st DVL?
I would deal with the collection agency directly, a debt validation letter will do the trick for at least the thirty day break in the collection activity until they validate. More than likely they will not, and they will sell it off.
If you haven't yet, the seven years is up and the dispute needs to be filed with the credit reporting to remove them from your reports.
Hi Angel
Since the debt is 11 years old, I am quite sure that the collection agency will not be able to validate your debt and if they can't validate the debt within 30 days of receipt of your letter as erb said, you can dispute the listing with the credit bureaus with the documents. Make all correspondence with the CAs under certified mail.
A 11 year old debt should not be listed in your credit report. If you dispute with the credit bureaus directly, it would be deleted by them. But I think you should go for debt validation first, wait for 30 days and then send a dispute letter. Another thing is that if the CA asks you for any payment, do not make it, as it will rewind your SOL and the CA can charge you for the full amount of the debt.
I wonder why it is still on the report two, I am wondering also when is the last time that you made a payment on the account, was it with in the last 7 years, making activity post to your credit report current in the last 7 years.
Hi Angel,
I too think that you may have made a payment within the last seven years and that is the main reason why the debt is again listed in your credit report. If you have made any payment within the last seven years, you need to come to a repayment agreement with the creditor because the creditor may sue you. However, if you have not made any payment, you can send a dispute letter to the CRAs telling them that you do not agree with the listing.
i sent debt validation to an attorney office certified mail and received a letter from them that it was received. That was 2 months ago and never recevied the validation. Now they have reported a neg on my credit report. What step do I take now.. thanks
Hello Friends,
My wife received notice from an out of state collection agency (Who obviously purchased her old account from original creditor) Then we got letter from lawyers office in Pa, where we live. Immediately sent out debt validation request. They sent a print out of the out of state collection agency's just sayiung who original creditor was, amount owed and that got the info from their business records. I mailed another validation letter asking in what capacity the Pa law firm is asking for money, requested that they provide some viable account information from the original creditor and said I didn't think what they sent qualified as validating the debt.
My wife got served by them for a civil suit a week ago. Can they do that without really validating the debt? I told the courts we would mount a defense but wanted to get some of your opinions.
Even if the collection agency sue you to the court without validating the debt, they cannot bring any judgment against you as per the Fair Debt Collection Practices Act. However, since you have received the summon from the court, you should file a response to the summon within the date as mentioned on the summon, else the creditor can bring a default judgment against you.
Validating a debt means that the collection agency must provide you with the proof that they had either purchased the debt from the original creditor or the original creditor has given them the right to collect the debt.
Thanks for your reply, Scott. We appreciate it. We wrote to the court and said we would defend against the suit. Now my wife is afraid that we will still lose in court and thinks we should settle somehow. (Doesn't trust the Court system after they failed to make her ex provide support they mandated) I think that since we asked for validation twice (With Proof) that they cannot rule against us and that the suit is a bluff.
We want to do the right thing but don't know what that might be. Any thoughts? Thanks in advance....I don't need this in my twilight years!
Debt Validation Letter
Please Help
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.
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.
Debt Validation Letter
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.
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.
Debt Validation Letter
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
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.
Debt validatin letter
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.
wendyrenaud
please refer to the following case in your letter to the CA.
http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html
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.
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.
My debt validation requests from collection agencies have not been successful at all. I have never recieved a response.
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.
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.
good. also make complaints with the BBB and FTC it really is helpful
Hi goodnatured
Sent copies to all the three credit bureaus by certified mail. The CRAs will review your letter and verify with the collection agencies. If the CAs cannot satisfy the CRAs then the listing will automatically get removed form your credit report.
great, I have copies of everything, I will get them out to them as soon as I make more copies, back to work on monday, so will take care of it by the weekend here.
A CA is calling daily trying to collect on a 11+ year-old debt AND they're showing up on all 3 of my credit reports. Do you think it's a good idea to inform them via phone, fax the Debt Validation Letter and then send the hard copy of DVL via certified letter? OR would it be best to just dispute with CRAs and then wait 30-days to send that 1st DVL?
I would deal with the collection agency directly, a debt validation letter will do the trick for at least the thirty day break in the collection activity until they validate. More than likely they will not, and they will sell it off.
If you haven't yet, the seven years is up and the dispute needs to be filed with the credit reporting to remove them from your reports.
Hi Angel
Since the debt is 11 years old, I am quite sure that the collection agency will not be able to validate your debt and if they can't validate the debt within 30 days of receipt of your letter as erb said, you can dispute the listing with the credit bureaus with the documents. Make all correspondence with the CAs under certified mail.
A 11 year old debt should not be listed in your credit report. If you dispute with the credit bureaus directly, it would be deleted by them. But I think you should go for debt validation first, wait for 30 days and then send a dispute letter. Another thing is that if the CA asks you for any payment, do not make it, as it will rewind your SOL and the CA can charge you for the full amount of the debt.
I wonder why it is still on the report two, I am wondering also when is the last time that you made a payment on the account, was it with in the last 7 years, making activity post to your credit report current in the last 7 years.
Hi Angel,
I too think that you may have made a payment within the last seven years and that is the main reason why the debt is again listed in your credit report. If you have made any payment within the last seven years, you need to come to a repayment agreement with the creditor because the creditor may sue you. However, if you have not made any payment, you can send a dispute letter to the CRAs telling them that you do not agree with the listing.
debt validation
i sent debt validation to an attorney office certified mail and received a letter from them that it was received. That was 2 months ago and never recevied the validation. Now they have reported a neg on my credit report. What step do I take now.. thanks
DEBT VALIDATION - Now they have me going to civil court
Hello Friends,
My wife received notice from an out of state collection agency (Who obviously purchased her old account from original creditor) Then we got letter from lawyers office in Pa, where we live. Immediately sent out debt validation request. They sent a print out of the out of state collection agency's just sayiung who original creditor was, amount owed and that got the info from their business records. I mailed another validation letter asking in what capacity the Pa law firm is asking for money, requested that they provide some viable account information from the original creditor and said I didn't think what they sent qualified as validating the debt.
My wife got served by them for a civil suit a week ago. Can they do that without really validating the debt? I told the courts we would mount a defense but wanted to get some of your opinions.
If you can help...Thanks My email is macmorrone@yahoo.com
Even if the collection agency sue you to the court without validating the debt, they cannot bring any judgment against you as per the Fair Debt Collection Practices Act. However, since you have received the summon from the court, you should file a response to the summon within the date as mentioned on the summon, else the creditor can bring a default judgment against you.
Validating a debt means that the collection agency must provide you with the proof that they had either purchased the debt from the original creditor or the original creditor has given them the right to collect the debt.
Validation
Thanks for your reply, Scott. We appreciate it. We wrote to the court and said we would defend against the suit. Now my wife is afraid that we will still lose in court and thinks we should settle somehow. (Doesn't trust the Court system after they failed to make her ex provide support they mandated) I think that since we asked for validation twice (With Proof) that they cannot rule against us and that the suit is a bluff.
We want to do the right thing but don't know what that might be. Any thoughts? Thanks in advance....I don't need this in my twilight years!
Good info
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not sure what this is all about, pulled up a really old post though.
That happens sometimes around here.
oh well, lol
Good info
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