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 Posted: Fri Mar 23, 2007 12:01 pm Subject: A Project I am starting ? |
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I have seen hundreds of different meanings of validation of debt for collections. I am currently researching this to see if I can find any state or federal court that sets a standard for this.I have posted the two cases found already.
Ftc letters & the FDCPA gives us some idea of what to expect.If there are any attorneys or posters with good researching skills that wish to contribute to this,please post here.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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cajunbulldog
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| Posted: Sat Mar 24, 2007 10:01 am Subject: |
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hey cajun i can check the oklahoma supreme court
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ssgnewtonj
Joined: 31 Dec 2006
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| Posted: Sat Mar 24, 2007 10:05 am Subject: what i found |
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| Quote: | United States Code
Title 15 Commerce and Trade
CHAPTER 41 - CONSUMER CREDIT PROTECTION
SUBCHAPTER V - DEBT COLLECTION PRACTICES
Section 1692g - Validation of debts
Cite as: 15 U.S.C. 1692g (OSCN 2007), SUBCHAPTER V - DEBT COLLECTION PRACTICES
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(a) Notice of debt; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. |
this is what i found not sure if this is what you mean. There was no attached case law for it
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ssgnewtonj
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cajunbulldog
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| Posted: Sat Apr 07, 2007 4:34 am Subject: |
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Great, I could not find a clear definition of proper debt validation anywhere. please keep us up to date on this information.
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Working my way out of this debt, one day at a time!
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fedupinpa
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| Posted: Sat Apr 07, 2007 7:17 am Subject: |
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Cajun,
Speak with Denny or Mike on this and maybe they could give you a sticky on the forums when your project is finished. I think it would certainly merit one!
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kscornell
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| Posted: Sat Apr 07, 2007 11:29 am Subject: |
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Fed,a sticky or announcement stays pinned at the top of each section of the board you are on. Mods or admins have the rights to pin topics.Once it is pinned,it stays there and will not get lost in the shuffle of topics.
kscornell, I appreciate the offer to make it perm.I posted as announcement since it is one of the boards I moderate.If I can ever get caught up on my work and research,I plan on dropping some caselaw and ftc letters in here for the community. I am busy with a few projects right now,but it is on the burner waiting it's turn.
_________________
Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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cajunbulldog
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Posts: 4886
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| Posted: Sat Apr 07, 2007 3:07 pm Subject: |
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I always have used the FDCPA reulations and also what I learned here, and tweaked it to fit my circumstances. After sending probably 20 of them, it seems to be effective. Do you mean if a Fereral Court law says it is something different, that these DV letters I've been using aren't correct or I'm not putting in the right things? I'm really confused now-and it doesn't take much..KAren 
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As long as you are alive, there's always hope
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Bossy4455
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cajunbulldog
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| Posted: Fri May 18, 2007 10:15 am Subject: |
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This is kind of confusing...
MichelleDunn said a consumer has 30 days to dispute after being contacted. A collector MUST do it or must STOP trying to collect from you if they cannot validate.
The code says...
| Quote: | | Within five days after the initial communication with a consumer in connection with the collection of any debt... |
contacted
| Quote: | | (4)...a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof... |
30 days to dispute
| Quote: | | ...the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt... |
STOP trying to collect from you
If MichelleDunn is not accurate, how has she erred?
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atxmbb
Joined: 30 Mar 2007
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| Posted: Fri May 18, 2007 10:53 am Subject: |
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First of all I am simply repeating the statute.Second of all she learned this law as a collector.I am not here to bicker.
Here is the section:
| Quote: | (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall,
unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a
written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or
any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any
portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the
consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the
consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any
portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease
collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment,
or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original
creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of
liability by the consumer. |
Please note where it says that if a consumer fails to dispute,it is not an admission of liability.Now read the entire section and show me where it says you are only given 30 days to dispute. Absolutely dumb idea telling a consumer aw you are out of luck,30 days passed.
_________________
Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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cajunbulldog
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| Posted: Fri May 18, 2007 2:11 pm Subject: |
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The code was already posted in this thread and is where I obtained the quotes. If item 3 in the code does not say that a debtor has 30 days to dispute after the CA has made initial contact or the CA can consider the debt valid, then please explain what it does say???
I understand that in a court of law failure to respond within 30 days does not constitute admission of liability and cannot be used as a reason to claim or counter-claim. A law suit can be brought at any time by either party prior to the SOL and has nothing to do with the 30 day deadline for dispute in which MichelleDunn was referring. A court of law will determine validity and/or liability based upon claim, counter-claim, evidence and application of the law if it comes to that.
No response in 30 days means business as usual for the CA. Once the 30 day period has lapsed, a CA has no duty to validate, no matter how many letters and/or threats the debtor sends after the fact. It is to the CA's advantage if the 30 day deadline is NOT met. Deadline not met = debtor hire a lawyer or debtor pay the money without verification.
A CA should NEVER be given ammunition.
If I am wrong in anything I have said, I willingly stand corrected as I am here to learn. Everything I said is based upon my understanding of when a CA is following the law, which we all know is seldom.
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atxmbb
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cajunbulldog
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| Posted: Fri May 18, 2007 4:22 pm Subject: |
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You asked me to show you in the statute where it says a consumer has 30 days to dispute and I did and I explained why I think that differs from anything pertaining to a court of law. You asked me to read again, so I have...
Berger
2) We interpret the "thirty-day period" as a period within which consumers must dispute their debts in writing in order to avail themselves of their Section 809(b) rights, but not as a "grace" period. Thus, we believe that there is nothing in the Act that prevents you from filing suit during this period, so long as you do not make any representations that contradict Section 809(b).
I still have not seen and you have not provided any statute where it says a consumer has anything other than 30 days to dispute after a CA has made contact.
I will leave this alone now as I am not here to bicker either, but to learn. Maybe there is a lawyer here that can explain what you meant or where I am misunderstanding Section 806 or the corresponding opinions.
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atxmbb
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cajunbulldog
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