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How do you do a debt validation?

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    #16
    Please provide any contract or agreement we signed and an account history showing how you arrived at the conclusion that we owe the amounts claimed and when this alleged debt(s) was charged off.

    Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide copies of assignments and other documents showing that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from us.
    Just as long as you go in with your eyes open and realize that until a lawsuit is actually filed, no federal law requiers the Collection Agency to furnish the debtor that information and the CA may continue non-judicial collection (until you send them a Cease and Desist letter).
    Last edited by HHM; 03-08-2009, 03:43 PM.

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      #17
      Keep your DV simple and clear. In addition, the FDCPA allows for a request of the full name and address of the original creditor. This may seem secondary, but in my experience by the time your account gets SOLD to a third party collector, the question related to name and address of OC can get a bit bizzare. Most JDB's have an account number and name of creditor. They need to do additional research to send you the "original address." Since they may have to go back through several 3rd party collection agencies to backtrack, the time to answer your request can be months.

      In my expereince, keep the letter short and simple. In addition, I always include a cease and desist telephone communications note in my DV's.

      Bottom line seems to be that exercising your consumer rights seems to put you at the bottom of the pile of the collector. In such cases, the debt then gets passed to another 3rd party or JDB and the original link gets more diluted.

      In the case of my local creditors, they immediately filed claims in small-claims court. They did well being paid off through garnishments (LOL.) On the other hand, it is simple to file a denial to a small claims summons here and then the plaintiff has to appear. A request by the debtor for a hearing leads to an immediate meeting with a mediator. If mediation leads to no compromise, a new hearing date is set before a judge. Supposedly, a lack of agreement in mediation should force a judicial hearing on the same day, but this does not seem to be the case. Small claims are NOT appealable in my state. So, if the plaintiff fails to show, the case is dismissed at all state levels.

      I've recently noticed that small-claims amounts (under $7500 in my state) filed in a state circuit court, are now being remanded to small claims. It appears the dockets of circuit courts with respect to debtors are beginning to back up. Go figure...

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        #18
        That one sounds like a winner, with the exception of the cease and desist, I live in Arizona, and don't know the provision specifics to my state.

        Also, I would think sending the cease and desist would just leave them no option but to sue me. I dont want to accelerate the issue, just delay it long enough to file in August.

        Thanks BB

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          #19
          The thing is, many CA's will simply pass on the debt to someone else when they get these types of letters. I don't think that using DV's and C&D's accelerate the process of getting sued.
          Last edited by HHM; 03-09-2009, 06:20 AM.

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            #20
            Remember, anybody can sue anyone for anything. Just ask that, he's bragged about winning lawsuits where hes sued for around 3/4 of a million dollars. So just because someone says you owe and they have the right to collect it doesn't mean you should just give in.
            compromise agreements

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              #21
              I sent a DV to a collection agency. They replied they next day. They've given me until June 15 to set up a payment arrangement. I'm filing August 1st. I figure whatever they do, they won't have enough to time really start a wage garnishment before I file, so that's all I care about.
              I am not an attorney and any advice given is simply opinion based on my personal experiences. Always ask an attorney before making legal decisions.

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                #22
                what brought this thread back from the dead?

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