Hello Everyone,
As I have seen numerous times on these forums, the infamous attorney michael j scott has sent me a "notice of intent to file civil lawsuit" pertaing to a Capital One line of credit. Because of my current financial conditions, I will not be able to afford attorney representation, so I plan to go at this on my own if he does in fact sue me. I intend to send him a certified letter requesting DV, and as I've read in several posts he rarely responds to these requests, and usually goes right to filing suit. Or if he does respond, he hides behind the Chaudhry v. Gallerizzo case ruling. Is it still in my best interest at this time to send the request?
Any information on this would be truly appreciated.
Posts: 117
Credits: 2946.35 Send message to savion.parker
Hi cg,
Whether or not they will respond to your debt validation (DV) letter is a different issue. You should make sure that you send a DV letter to them immediately. If the person does not respond to your request, then you will have an upper hand when the person files a case against you. You will be able to prove the fact that he does not own your debt account. In that case, the court may give a ruling in your favor.
Take care.
Posts: 116
Credits: 5186.15 Send message to nandydiana
I too have heard the same thing. I really feel that this guy won't validate the debt. Send the letter via certified mail with return receipt request. If he validates, it is fine. If he doesn't, then you can prove that the debt has not been validated. Check your credit report mate. Contact Capitol One to dig out the truth.
Debt Samaritan
Posts: 234
Credits: 2716.75 Send message to Lian
If your intent with a DV letter is to prevent them from taking any collection action, including legal, by using the cease collection bar offered by FDCPA 809(b), unless you live in Texas, you must request DV within the 30-day limit set in their collection (dunning) notice to assert the bar of collection activities. It cannot just be done at any time. If the provisions of section 809(b) dont apply, they have no requirement to respond before initiating further collection activities.
You can still DV at any time, but to invoke the cease collection provisions of section 809(b), your DV must be timely.
I see no legal presumption of lack of ownership or of ability to prove their action in court based on their lack of response to an untimely DV request.
Posts: 28
Credits: 965.6 Send message to stick101010
What state are you in? He seems to wait until right before he sues, and then sends the Chaudray notice. Keep good records.
Add new comment