debt val letter question

No, it states that you are entitled to that information (creditors name and address) upon request. The additional information requested within the template is also allowed per fdcpa.

thanks and sorry if i did not make myself clear. i understood that you are entitled to the name and addy of the oc, which i stated they basically have provided so that point is moot.

but since i am dealing with attorneys i wanted to make sure that i could request the rest of the validation points in your letter and they couldn't just "laugh" at me and dismiss all that i am requesting per your template.

are you saying if i request any info that is in your dv about the debt, then they HAVE to supply it as part of the validation process and if they don't within the 30 days of receipt then they have not followed the law?

does anyone know what i can legally request and what they MUST validate by law? i am afraid if it is not required by law or if they do not have to legally answer my requests other than the name and address of the oc then they will ignore me and do worse. remember this is an attorneys office.
thanks

Hi Sugahplm, I'm in a similar situation with Blatt Hasenmiller Leibsker. I have asked a similar question before and been told that it does not stop them taking further legal action you. Apparently, many of these collection attorneys may well violate fdcpa and still try to file suit.

I must make that decision in a few days, before my 30 days to respond has passed--though I understand you can send your DV letter even past that 30 day point.

Best wishes to you...I will keep you posted here on my situation.

If they violate fdcpa and file suit anyway, you can ask for validation in discovery. If they cannot produce it, you can ask that the case be thrown out. You can also take legal action against them for their violation.

Unclewulf is correct, however if they do not validate it (with certain state statute exceptions) they just cannot proceed with collection activity, otherwise they can choose not to validate and just do nothing with the account.

thanks all
but still haven't got an answer to my question and am trying to decide if i have not asked it properly so i will try again.
i am using jcemts template do they HAVE to and are required by law to provide all the things that are asked for in the letter in order to lawfully validate the debt or is all they have to do is supply the oc and the address of the oc? they have already supplied the oc's name.
so what i am saying is if all they have to do is validate the name and address of oc then this sending the dv is useless?
i am not sure what they are required to validate by law.
thanks

They have to provide more than just the OC's name here. Things like a copy of the original instrument establishing your [supposed] liability for the debt [and bearing your signature!], a complete payment history for the account, a breakdown of the charges on the account, and such are basic. Without those things, it cannot even be established that the account is yours, or that the amount is accurate. Proof of ownership or assignment of the debt by the firm that's dunning you is also basic. Otherwise, how do you even know you're paying the right person? Do you see where we're going with this?

thanks uncle and yes i definitely see where we're going and glad we are as this was the answer i was hoping for. i just wanted to make sure since dealing directly with a lawyer that i was actually requesting things that would make it hard for them to proceed further, even tho they might, and i was doing it legally in case they did proceed.
i have adjusted the letter for my particular needs but have kept basically the same but have not of course admitted the debt to them or even hinted that it might even be mine.
so now i can print out my letter and get this mess going. i already have one default judgment against me from palisades which i was not even served but can't do anythingabout it now. don't have the funds to even begin. so i am stuck till i die with that one unless i win the lottery. :roll:

[quote=sugahplm]thanks uncle and yes i definitely see where we're going and glad we are as this was the answer i was hoping for. i just wanted to make sure since dealing directly with a lawyer that i was actually requesting things that would make it hard for them to proceed further, even tho they might, and i was doing it legally in case they did proceed.[/quote]

Glad I could help out. I guess I just wasn't understanding you properly before.

Here's some good info for you... Third-party debt collectors are bound by a federal law known as the Fair Debt Collection Practices Act. There's a copy available right here, directly from the Federal Trade Commission. You ought to at least skim through it sometime.

Now, don't get all bound up just because there's a lawyer's name on the letterhead, OK? Lots of lawyers collect debts. Many even do it as their main area of practice. Guess what? When a lawyer is collecting debts, he's no better than a common collection agent. Oh, sure, he's better dressed, but he's bound just as surely by fdcpa as any other collector. For that matter, while you may well be dealing with an attorney, you may not... Some collection agencies do business under the auspices of an attorney, basically renting the name and legal license. Spend some quality time reading over at budhibbs.com to see what I mean.

[quote=sugahplm]i have adjusted the letter for my particular needs but have kept basically the same but have not of course admitted the debt to them or even hinted that it might even be mine.[/quote]

Very good!

[quote=sugahplm]i already have one default judgment against me from palisades which i was not even served but can't do anythingabout it now. don't have the funds to even begin. so i am stuck till i die with that one unless i win the lottery.[/quote]

Au contraire, my friend. When you're sued, you have a legal right to due process of law. That includes the right to be served properly and in a timely manner, and to defend yourself effectively in court.

Palisades is famous for sending papers to bad addresses, then going after the default judgement. You should contact the court/judge who issued the judgement immediately to see about having the judgement vacated for improper service. If you'd like to post the details of the judgement [nothing personal, please!], we'll kick it around a bit and see what falls off.

Best of luck to you in this. If we can help, you know where to find us.

heres my very first post (notice date please) so i hope this link is ok since it is within this community...
debtconsolidationcare.com/collection-agencies/received-judgement.html

i've posted quite a bit so please for even more exciting details :lol: search my "name".

they said i was served on my birthday no less..got info from court clerk in the afternoon...was home alllll day that day...was a lie.
but i by the time i found out all this info time to "appeal" had passed and had no money to hire lawyer.
couldn't even go the paupers route the court allows to appeal as i could have lost double!
anyway have posted here alot in different threads about different situations regarding this palisades thing.
i think it was goldenblast (if i remember right) that was going to type me up a letter to help but i think they decided against it or maybe didn't think i had a chance, not sure. but all have been appreciated nonetheless.
if you need more info let me know specifics and i can reply.
thanks for your time

oh i forgot to mention uncle that i have read thru the fdcpa goodies (as noted in my op in this thread) to make sure what i am dealing with and of course don't understand perfectly all of it but have skimmed through.

and i have been in contact with bud and he has emailed me back and even tho i explained the situation and i have no money, he sent me the name of an attorney pretty near my area.

no i did not contact him as i've never heard of a lawyer doing these things pro bono in these kinds of cases. especially since we wouldn't be winning much I($1000 per violation) and he wouldn't be making much.

bud's site has alot of info but you are still pretty much on your own unless you can retain an attorney which he recommends from the ncaa(?) site.

thanks again

??
This is an easy one, but I thought I'd go ahead and snag it. You were typing your responses in the Quick Reply form at the bottom of whatever page. When you post a Quick Reply, you have to hit the Quick Reply button. The Post Reply button takes you to a new page, and you lose whatever you've typed, as the QR form is not 'sticky'.
Yes, you've probably puzzled this one out on your own, but it'll maybe help somebody else. I still have that problem occasionally myself.
On the matter at hand, bear with me. I'm still reading.

[quote=sugahplm]heres my very first post (notice date please) so i hope this link is ok since it is within this community...
debtconsolidationcare.com/collection-agencies/received-judgement.html[/quote]??????????????????
Yeah, I noticed the date. Dunno how I missed the thread at the time, but I do get busy now and again.
[quote=sugahplm]but i by the time i found out all this info time to "appeal" had passed and had no money to hire lawyer.[/quote]??????
??
That's my guess, anyway. I'm not an attorney, but I think LawStudent is. You really oughtta listen to him.
I used to live in Texas, way back in the day. What he's telling you in that post is very much akin to what we used to do with speeding tickets and such, back then. Plead guilty in JP court, then appeal it to District. I dunno all the details, that's what attorneys are for, but it worked.

[quote=sugahplm]and i have been in contact with bud and he has emailed me back and even tho i explained the situation and i have no money, he sent me the name of an attorney pretty near my area.

no i did not contact him as i've never heard of a lawyer doing these things pro bono in these kinds of cases. especially since we wouldn't be winning much I($1000 per violation) and he wouldn't be making much.[/quote]

Who said anything about pro bono? He might just be willing to take it on contingency. $1,000 per violation doesn't sound all that much, but you're maybe not getting the big picture here.

1 - IIRC, fdcpa violations in Texas are also, by default, violations of the Texas Deceptive Trade Practices Act. That runs the potential damages up to more like $3k per violation.

2 - Whoever Bud referred you to is gonna be a licensed attorney. For that matter, Bud isn't an attorney, but he's been around and dealing with this stuff since dirt was a new idea and rocks were still cooling. Chances are that one of those worthy gentlemen might see more violations than you or I would spot.

3 - It's just possible that whoever you were referred to might actually be willing to take this pro bono. It's likely a slam dunk, and the time would make a nice tax writeoff for the attorney.

My point is this: Call the damn lawyer! What's the worst that can happen? He could tell you no. In which case, you're back where you are right now, and out the cost of a phone call. That's cheaper than the postage and fees for a single CM/RRR letter [$5.50 or so]. What have you got to lose?

ok yeah i was just having trouble as this was my first post here ever so i got the drift eventually. thanks

and the reason i mentioned the date is so you could see how long ago its been-2 mos + as far as doing something about it.

i dont think i was served by publication, cause as i said earlier i think, that the clerk provided the date and exact time the attorneys "representing" palisades in my area, said they served me at my home. but no they didn't serve me. but could've as a safety net by publication i guess.

the thing is i didn't even know about this court date/suit until i received the default judgment finally from the courthouse. which was days later and on a friday evenings mail. so i could only call the next monday which i did and the clerk said the time to file an appeal was that day, monday, and i had no way to get there that day on short notice.

yeah yeah i know i should call guess apprehensive about what might happen. i think about it every day.
also not easy at all for me to get places and his office is not all that close either. so if he's willing to talk over the phone which most aren't.

any other thoughts ideas are still appreciated so bring them on!

8) love this site!

Should be simple enough to check whether you were served by publication or not. Start with searching your local paper's website archives. The legal classifieds may still be available there. Failing that, either call them or go down to the newspaper office. They'll have archives available, going back years. Your local public or college library may also have these archives available.

Come on... Call the damn lawyer.

has anyone actually gone to court with these bottom feeders?