Concerned

Reesie---I don't know the answer to your question. But regarding advice you receive on here or any other board---no one here is an expert, everyone is just giving their educuated opinion on what they have done or how you could do something. It is the reader's job then to decide whether or not it is information they should or should not use.

You did the right thing---you took information received on here and then researched to find out if it fit your needs. Good work!

Reesie,your information is partially correct. The fdcpa lists what you stated. Please go to the following site for info on validation:
http://www.ftc.gov/os/statutes/fdcpa/letters.htm
These are opinion letters written by Ftc. Another good thing to look at is go to your closest Federal courthouse and look up caselaw. Federal judges have already handed some decisions down that more evidence that that is required. Good luck in your research.

I think you are right in your research. The main issue is whether you received that initial letter stating those three items. I think the reason we ask is because some CAs don't provide or refuse to provide this information as stated per the fdcpa.

From a personal standpoint, I had a couple that called demanding money by a certain date or they would file court papers. I asked for a debt verification so I knew who the original creditor was. One sent, one did not.

It has been a year since the non-sender was going to file papers. I'm still waiting.

There is this letter here that you are not trying to avoid the debt, but just want further validation:

http://www.debtconsolidationcare.com/letters/sample6.html

You can edit it as you see fit.

I Thank all of you for the advice.


As usual, you are very patient and kind.

There is a difference between debt validation and debt verification. If you have already received one letter from the collector, for them the debt is validated as per the federal laws. Now, if you think there is something you feel is incorrect, you have the rights to ask for verification from the collection agency. Once you send a dispute letter to their mailing address, it becomes the responsibility of the collector to contact the original creditor and inform about your dispute. Your dispute will be verified and correct information will be sent in the next letter.

What are the consequences of not sending the debt validation/verification letter? You accept that the information given to you is correct and agree to pay, no matter what you are asked to pay and about anything.

Is there any difference between initial letter and debt validation

Verification is: Name of original credit, Amount owed, Name of collection agency.

Validation is demanding that the CA provide documentation from the OC.

There is conflicting information and controversy over validation letters and what all a CA is required to provide. I am surprised that your source is so adamant against validation letters because basically, it is your right to demand this information by law because illegal CA activity is rampant.

Now, the federal law and even some state collection laws may be vague on what documentation is required, but in a courtroom it is not. Were the CA to be sued by you, or even if they sued you and you requested this documentation in discovery, then they HAVE to produce it. Generally, if you are serious about fighting the CAs then you will more then likely have to take them to court, so if this is mentioned in a validation letter, then the CA knows you know that if it went o court they would have to provide this information.

Now, about the CA deciding you are ducking the debt and just sue you for requesting validation. Well, that is pretty much a violation for them to do that because it is your right by law to demand validation and them saying that you are just trying to stall is pretty weak when it is not a very good stall tactic if the CA would just comply. Most CA's who accuse you of staling are those that have no way to validate the debt. Gee..big surprise there. :)

As for the wording of your letter I don't see how it can come back to bite you on the butt. Most of the sample letters are generally the same, asking for validation which is their right and usually a limited cease and desist....there is not much way that these leters can harm you, only do good.

I have to ask, but what line of work is your source in? I am very surprised that anyone would advise that validation letters are a waist of time because quite frankly, they are not. The proof is in the many, many people who have stood firm and went all the way to court protecting their rights and have won. Even those sued by a CA who demanded documentation in the discovery have won and gotten the case dissmissed, sometimes forever.

It is always a good idea to do complete research and your research should show that there are not many (if any) cases where asking for validation hurt them. (This from my own research and later just from my own personal experience.) Well, unless you consider a CA actually providing proper validation as hurting you. :)