I need help
Date: Mon, 01/14/2008 - 13:32
What did you ask them for in your letter? I am sure more than th
What did you ask them for in your letter? I am sure more than that. They should send you proof that they a legally entitled to collect it, how they arrived at the amount and proof that the Statute of Limitations has not run out on it!
You can also request assignment contract/proof of purchase, busi
You can also request assignment contract/proof of purchase, business license number, and registered agent.
this was my response to the the lawyer who is representing the D
this was my response to the the lawyer who is representing the Debt collector
Quote:
11/18/2007 I am writing in response to your letter dated October 30, 2007, because I do not believe I owe what you say I owe. This is the 2nd time I've disputed this debt. The first dispute was on 9/17/ 2007 Be advised that the collection agency didn????????t present the necessary documents to validate this debt. In accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts: I respectfully request that you provide me with the following information: ??????? (1) Copies of Credit Application, all authorizations to open this account. ??????? (2) All Contracts you believe I executed ??????? (3) Provide a verification or copy of any judgment Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that: ??????? because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense; ???????you cannot add interest or fees accept those allowed by the original contract or state law. ??????? you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the fdcpa; I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act ???? 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA. Sincerely, |
Actually filing suit in response to a DV letter is perfectly OK
Actually filing suit in response to a DV letter is perfectly OK in the legal world. However all you do is just request it in court during discovery in a motion to show cause. Then motion for dismissal with prejudice when they fail to show cause.