Help! I need to respond to creditor ASAP!!

[BigJohn]

Under what provision of what law are you given the right to demand a DV on a business debt? You can ask for one but the FDCPA does not apply. You can't even C&D a collector on a business debt. You fall under contract law and those disputes are generally settled in court. I am sure there are some state specific laws that may apply but not the FDCPA.

If somebody claims I owe them money, I ask them to prove it. If they can't and they continue to harrass me, I tell them I will get a court order to stop them from harrassing me. So far I have gotten 2 court orders.

If you ask for proof and the person refuses to provide proof, that should provide ample proof to a judge that the person has no claim(s) and may be just harrassing you.

[Bell30656]

One time a really stupid junk debt buyer sent me a dunning letter that included a Reply by Mail envelope, postage paid... I taped it to a brick and mailed it from the post office. The mail clerk was laughing so hard she almost dropped it.

[HHM]

No one is saying "not" to send the DV letter, but I was trying to reorient the expectations. If it is a business debt, Federal Law provides no direct remedy for you. However, you can always seek a restraining order (if you want to go to the trouble) if the entity won't send you proof.

Big picture, you cannot DV or C&D your way out of debt.

[BigJohn]

No one is saying "not" to send the DV letter, but I was trying to reorient that expectations. If it is a business debt, Federal Law provides no direct remedy for you. However, you can always seek a restraining order (if you want to go to the trouble) if the entity won't send you proof.

Big picture, you cannot DV or C&D your way out of debt.

Not much trouble, a restraining order only takes 15 - 30 minutes to get.

The first restraining order I got put a stop to their calls and then about 1 year later, they sent me a check for overpayment with no explanation. The check was for $.23. I saved the check. Never did figure out what they were up to.

[Bell30656]

The hope is that you deposit the check into your bank account and then they have all your banking info to snatch some payments from. I had a JDB that sent me a $35 check for "Return of Fees."

[BigJohn]

The hope is that you deposit the check into your bank account and then they have all your banking info to snatch some payments from. I had a JDB that sent me a $35 check for "Return of Fees."

I suspect you are right on this one. I did a search on the internet in regards to this creditor and I found a lot of people who contested what they were being charged but I could not find one person who won. Nasty people.

[BigJohn]

Come to think about it, the restraining order was good for a year. I received the check right after the restraining order expired.

[StartingOver08]

The hope is that you deposit the check into your bank account and then they have all your banking info to snatch some payments from. I had a JDB that sent me a $35 check for "Return of Fees."

Exactly right! Besides for $0.23 that check represents move of a victory in its present form...I would not take the chance to deposit it no matter what the amount is!

[HHM]

That seems an odd tactic though. Unless they have a judgment upon which they can execute a garnishment, the banking info is of little immediate value. I suppose it helps to make a lawsuit more palatable for an attorney to take.

[BigJohn]

That seems an odd tactic though. Unless they have a judgment upon which they can execute a garnishment, the banking info is of little immediate value. I suppose it helps to make a lawsuit more palatable for an attorney to take.

You got a point. They had no judgement. It still makes me wonder why they sent me a check for $.23.

[HHM]

Maybe it creates an argument to toll the SOL or that cashing the check acts as some defacto acknowledgment of a debt. I will need to think about this and ask around.