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Posted: Fri Feb 02, 2007 11:58 am Subject: debt validation letter

how would i go about writing a debt validation letter? any one have link of sample letter?

and how long after receiving a summons do i have to send one?

Posted: Fri Feb 02, 2007 4:52 pm Subject:

I saw one sample letter in this link.

http://www.debtconsolidationcare.com/forums/about216.html

debt validation letter should be sent immediately if the CA hasn't mailed you the details of the debt and you served summons. You have to prove in front of the judge that you asked for the details but the CA failed to give you any info. If you can't prove this, the CA will convince the judge that you were avoiding the payments. Send the letter now and keep the receipt of the certified letter in safe place. You will need it in the court.

Posted: Fri Feb 02, 2007 8:46 pm Subject:

Sending a DV isn't going to do much if they have already filed a court case. You can bet that they have already dug your file up out of the archives in order to file, and so your paperwork is now readily-accessible. If you send a DV, they will simply send you back a validation, and court will go on as planned.

The other problem is this: did they already send you any other notices or letters before they went to court. You generally have 30 days to dispute the debt and request verification. But if they already sent you previous notice, more than 30 days ago, your time to send a DV has expired.

Unless you know this debt is not yours, or you know they cannot back up their claim with proof, your best bet is to try and work it out with them before court.

Posted: Sat Feb 03, 2007 10:05 am Subject:

but what if the staute of limitaions is over

Posted: Sun Feb 04, 2007 10:57 am Subject:

If the statute of limitations has passed, then they cannot legally sue you to collect on the debt. At this point, though, it sounds to me like you probably need to talk to a lawyer -- if they've already filed suit against you, as has been said, that means that your options are starting to run out. I've never used NACA to find an attorney for this purpose, but I've heard good things about them.

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