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Debt Validation letter..Which one do I use?

Date: Tue, 09/23/2008 - 07:17

Submitted by anonymous
on Tue, 09/23/2008 - 07:17

Posts: 202330 Credits: [Donate]

Total Replies: 6


Hi, can anyone tell me what kind of validation letter I need to send to a debt attorney? I received a civil summons and have roughly ten days to respond because I didn't get the letter until five days later etc...I have been posting in some of the threads below about a Capital One credit card.


You do realize they don't have to respond to the validation letter at this point, don't you? Although, you can request validation during discovery. I can direct you to a good validation template but make sure you respond to the summons in a timely manner. Click the link below to find a very good one that JCEMT furnished.
http://www.debtconsolidationcare.com/collection-agencies/better-structure.html


lrhall41

Submitted by Shazzers on Tue, 09/23/2008 - 07:22

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This is actually a second summons because the first was not signed by an attorney. (amended) When I requested the first time for a validation, they sent me a copy of Capital Ones' rules and a letter written on their stationery when I took the card out etc...Nothing in my handwriting, nothing from Capital One. This concerned me because I feel this is a second/third party or possibly the attorney office trying to sue for more money. I really don't know at this point. Are you saying the validation letter will not help?


lrhall41

Submitted by on Tue, 09/23/2008 - 07:31

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It won't hurt to try and get validation at this point, but if all they sent to you the first time was a contract that anyone could pick up anywhere, that isn't proper validation. Did you ever receive a dunning letter from these people? The dunning letter is the initial contact made with the debtor stating they have 30 days to dispute the debt and ask for validation. Was the first summons the first and only time you heard from them?


lrhall41

Submitted by Shazzers on Tue, 09/23/2008 - 07:35

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If you did send them a DV letter and they did not validate (which they did not since what they provided isn't even worth toilet paper) then you have them on at least 1 violation (continued collection activity) you could counter sue them for that and I bet they have violated in other ways. Be sure to answer Shazzer's question about if you ever got a dunning letter.


lrhall41

Submitted by goldenbast on Tue, 09/23/2008 - 10:10

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I hate to sound stupid, but what is a dunning letter? I never received anything from this attorney other than the first civil summons they pushed through my county courthouse. I never received any letters previously from this attorney. The paperwork they sent me as a validation was a copy of Capital One's rules and a letter telling me when I took the card out etc...Nothing with my signature or a statement from Capital One. They amended this summons and now I am getting ready to answer the second summons (one of their attorney's did not sign or some stuff like that). I wanted to answer this summons correctly and make them validate because they obviously did not do so this last time. I fear my county judge will just tell me to settle with them w/o the facts which I intend to bring up. this happened on a medical bill six months ago.


lrhall41

Submitted by on Tue, 09/23/2008 - 16:20

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Hmm ok, generally they are supposed to give you 30 days to dispute by law, they like to try this tactic to get around your rights. Point this out to the judge. A dunning letter is a collection letter informing you that you owe. What they sent you is not validation. Motion for discovery (ask your courthouse how) and ask for the original signed contract, the entire account activity, etc.


lrhall41

Submitted by goldenbast on Tue, 09/23/2008 - 21:46

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