Validation letter sent to the debt collector

Once you have requested debt validation, it is unlawful for the collection agency to engage in any collection activity unless and until they have validated the debt. If they sue you without validating, it will be all but impossible for them to win -- after all, if they haven't validated, that means they haven't proved anything about the debt.

I wouldn't be concerned about being sued right now. A collection agency that sued without validating after receiving a validation request would know perfectly well that it was just shooting itself in the foot. In the unlikely event that they *do* sue without validating, get a lawyer thru NACA and ask about countersuing.

No, there cannot be any legal actions against you because you can show proof to the judge that the collection agency hasn't validated the debt till this time. You have to show a copy of the letter sent along with the receipt of the certified mail for confirming the date that they received your mail.

What is the proof that this collection agency really has your file and with correct entries. You need to view it by your eyes and confirm about their legitimate collections. The court will also decide in your favor if the debt isn????????t validated.

Welcome to the Community :D Don't be surprised if they don't ever validate! I have been sending DV letters to LVNV, and their many names, for a year now, with no validation. But keep all these copies, so if they decide to do something, you will have proof you sent these. Good Luck..Karen

Thank you very much for your advice, I requested the validation letter because the amount was higher from what I owe, I told them I am willing to pay but the amount they were asking for is not correct. They demanded my bank account info. to set up monthly payments, I refused and told them once the verify the correct amount I will send money order, the collector got mad and said we will see you in court. The next day I sent the Validation letter. I called the AG office and they told me not to give them my account number. And then I checked with BBB, they had 26 complaints against them some of these complaints were for Unauthorized charges and transactions. I don't know what to expect, they said they are going to sue.
Any feedback willbe appreciated.

You're doing pretty much everything I would do, and I'd say that you're in pretty good shape.

Their threat to sue is almost certainly a bluff and may constitute a legally-actionable violation of the fdcpa. I'm not a lawyer, but you might want to check with one. If they are violating the FDCPA and you can document it, you could end up getting some money from them rather than the other way around.

Check out your state laws and get their calls recorded. Then you can see an attorney and figure out any fdcpa violations done. If you win the case, the collection company will pay you for the damages done.

There is one thin I forgot to mention when the Debt Collector called me they threatened to put a lien on my house and car, they told how much my house is worth and how much I owe and also told me that type of car I am driving and how much I owe on it. Where do they get this information, do they have access to my credit report any one knows.

Thanks

Yes, creditors do have access to your credit report.

I have not been contacted by any collection agencies by mail/phone/or any means. But I pulled a copy of my credit reports and there are 3 items listed that i am pretty sure are valid that i would like to take care of. I already contacted the original creditors and these are debts that have been sold off to collection agencies. So rather than contacting these CA by phone i was planning to send by cert. mail this letter that i pieced together from things i found online. I wanted a profesional opinion on how this sounded. Is there anything i am leaving out or anything in it that i should leave out?




****i guess my biggest concern is that due to the fact that these CA have NOT been hounding me for payment. Is this the best way for me to contact them to get this settled? Because i dont' want the SOL to start all over again because of my contacting them.

The SOL only restarts when you perform an action that ratifies the debt, such as making a payment or admitting in writing that you owe the money. Requesting a validation will not restart the SOL.

Your letter has all the required statements. However, be prepared to deal with them if they do actually validate it. Sending this letter may "wake up the beast," so to speak.

thank you so much for your response. i do have another question. Once they validate the debt. How do i make an offer on payment? Lets say the amount owed is $500 and i want to see if they will accept $300 as payment in full. How do i word that? SHould i write up a contract and send it to them to sign and return if they agree? Or should i call and speak to someone? Also, once the amount is paid (whatever it may be) what should i request that they do? for example can i request that they remove the listing completely from my report, or do i request that they list paid in full or settled? Because i've heard that even if its listed as paid or settled that it still reflects badly on your credit score.

thanks again for any advise.