Debt Validation when a Collection Agency is working for a Junk Debt Buyer?

[TroubleinCalif]

As mentioned above, licensed in that state to do bussiness? When you look up that info for a certain company (CA) and its licensed is stated as "Cert. Of Authority", What does that mean?


Thanks

[keepmine]

I know the CA's will do whatever they want but legally do they have to respond to a DV request before they can serve a summons ? Is it a defense if they don't respond to a DV request and sue you ? Is a FDCPA violation ?

Thanks

My reading from this letter is, they must comply with a validation request orior to filing suit, But, that's a minimal hurdle.

http://www.ftc.gov/os/2000/04/fdcpaadvisoryopinion.htm

[ssdsco]

My reading from this letter is, they must comply with a validation request orior to filing suit, But, that's a minimal hurdle.

http://www.ftc.gov/os/2000/04/fdcpaadvisoryopinion.htm

Thanks. Another indicator(DV response) they may be getting ready to file a suit or better yet for me they file suit without responding to my DV request....an FDCPA violation.

[HHM]

Thanks. Another indicator(DV response) they may be getting ready to file a suit or better yet for me they file suit without responding to my DV request....an FDCPA violation.

But keep in mind, the prohibition on collection during the pendancy of a DV request is "collector specific". Thus, if you send a DV to CA-X and CA-X never responds to your DV, but transfers the debt to CA-Z, CA-Z can sue you.

But yes, if you send a DV, the CA is not supposed to sue you until they validate. But keep mind, all they need to do to validate is send a letter stating the amount owed and the original creditor.

Also, if the creditor does sue you without verifying, it is not clear that failing to do so would be grounds for dismissal of the case. I can easily see a state judge making the argument that the state court action is an action to collect a debt, and that your only remedy for violation of the FDCPA is to bring a counter-claim for that violation.

Again, do not harbor unrealistic expectations about what these laws will accomplish for you.

[treehugger1]

I do have to agree with HH on his comments. Never assume that a DV will wash-out a debt. If the CA/OC wants it bad enough, they will come after you. If you owe the debt, then at some point you will need address it; either in BK or working out a realistic settlement plan if they will work with you. DV's can buy you time, but if I read the OP correctly we may be talking about some big debts, and someone will want some money.

If you have the ability to pay, then attempt to work out agreements. If not, then perhaps you need to prepare to file BK.

[keepmine]

It's a pretty well established that the debt and the methods used to collect the debt are two separate issues.
If you are sued, any FDCPA viplations are counterclaims-they aren't a defense.

[ssdsco]

But keep in mind, the prohibition on collection during the pendancy of a DV request is "collector specific". Thus, if you send a DV to CA-X and CA-X never responds to your DV, but transfers the debt to CA-Z, CA-Z can sue you.

But yes, if you send a DV, the CA is not supposed to sue you until they validate. But keep mind, all they need to do to validate is send a letter stating the amount owed and the original creditor.

Also, if the creditor does sue you without verifying, it is not clear that failing to do so would be grounds for dismissal of the case. I can easily see a state judge making the argument that the state court action is an action to collect a debt, and that your only remedy for violation of the FDCPA is to bring a counter-claim for that violation..

Again, do not harbor unrealistic expectations about what these laws will accomplish for you.

[HHM]

Fair enough

I’m sending back a letter stating that’s unacceptable and they need to provide proof they’re authorized to collect the alleged debt and also how the amount was calculated.

That is fine, but realize, that fact is not required as part of validation.

But yes, if they file suit, then they have the burden of proof to demonstrate that they are a proper plaintiff, that you are a proper defendant, and the amount owed is correct.

I understand what you are doing...but when others come on this forum, or go read other (more questionable) forums to read about debt avoidence, I think members sometimes get a false idea about what these tactics "actually" accomplish.

Good luck. You will probably be able to make it.

[Keebler]

Outstanding work everyone! We've covered a lot of ground together beyond "shit or get off the pot".

I wish I had made it more clear in the beginning that Bankruptcy is unavoidable in my situation. My original goal was to put plenty of credit card transactions behind me more than 90 days. That passed easily enough and I used the time to get my record keeping and budgeting on track. There's also a couple of painfully large cash advances that I've pushed back in time and they're well over a year ago now. Most of our big medical expenses seem to be past and I'm now hoping to collect and spend the Tax Rebate before I file.

With some difficulty, we've learned to live on "cash" at the same time that we've been spending 25% of our gross income on medical expenses. I think anyone with large medical expenses should do the same -- put the expenses behind you. It makes no sense to file for Bankruptcy and then incur a bunch more medical expenses and be stuck.

In any case, there's some valuable information here for those few who are desperate to buy time and postpone filing for Bankruptcy.

[ssdsco]

Outstanding work everyone! We've covered a lot of ground together beyond "shit or get off the pot".

In any case, there's some valuable information here for those few who are desperate to buy time and postpone filing for Bankruptcy.

Yes. Great info. Thanks

[Bandit]

No matter how long you have to sit on the pot, if it is medical debt that keeps going up, you definately want as much as possible dumped before flushing.



What is...
DV
CA
FDCPA
CA/OC
JDB
?

TIA

[HHM]

What is...
DV
CA
FDCPA
CA/OC
JDB

LOL, sometimes we get carried away with abbreviations.

DV = Debt Validation
CA = Collection Agency
FDCPA = Fair Debt Collection Practices Act
OC = Original Creditor
JDB = Junk Debt Buyer.

[branainaz]

what is a DV?

[sisterfunkhaus]

I don't understand why people do the DV thing if they know they owe the debt. Seems like a game to me. If you are going to file, why not just do it or at least start making payments on a lawyer and let the creditors know what is going on? I inevitably just ended up ignoring my creditors until I had the money to start paying a lawyer, then I called them all, gave them her info and they left me alone. It took 3 years after my last cc payment/charge before I was ever sued, and I filed that very day (trying to put a lot of space between debts and filing.)

I can understand if the debt isn't yours, but I honestly don't get it if the debt is yours and you know it is.