Debt verification vs. debt validation...

[jp2861]

If I am forwarding the initial letter from the CA to my attorney is it safe to assume that he is asking for verification or should i send a letter asking for it? My attorney says to send these things to him but what if he doesnt do anything with it? I asked the paralegal one time and she said the atty would only call me if there was something i needed to do.

Are you filing soon? If so, there's no reason to do anything. The only reason to send out a DV letter would be to drag out the process so they don't have time to garnish before you file.

[HHM]

If I am forwarding the initial letter from the CA to my attorney is it safe to assume that he is asking for verification or should i send a letter asking for it? My attorney says to send these things to him but what if he doesnt do anything with it? I asked the paralegal one time and she said the atty would only call me if there was something i needed to do.

Unless your attorney told you otherwise, your attorney probably only wants the letter so he has the name and address for the CA to include them on the creditor matrix of the BK forms. Unless you are PAYING the attorney to do some FDCPA work, I would NOT assume he is doing anything more then putting those letters in your file.

[pa308]

I'm not filing until April. Should I send a verification letter to slow down any suit? I have read that a verification letter can sometimes actually bring on a suit. A guy called from the CA and said that it was for my Sears Card but the collection letter doesnt even reference sears

[jp2861]

If you'll be filing in 3 months I wouldn't worry about it. Unless your lawyer tells you to do something else, just give them your lawyers info and forget about it. Remember it takes time for the whole process to evolve to the point that you are garnished. If they call your lawyer to verify, that you are in fact filing, that will probably slow them down anyway.

[Rintaro]

How is a CA required to prove that Statue of Limitations has not expired?

Isn't that required to collect on a debt, if it is past statue can they still pursue collections?

[keepmine]

How is a CA required to prove that Statue of Limitations has not expired?

Isn't that required to collect on a debt, if it is past statue can they still pursue collections?

The SOL is an affirmative defense to a lawsuit. It has nothing to do with attempting to collect a debt.

[Rintaro]

The SOL is an affirmative defense to a lawsuit. It has nothing to do with attempting to collect a debt.

So CA CAN legally Collect debt past statute of Limitations?