logo

Debtconsolidationcare.com - the USA consumer forum

Validation of debt

Date: Fri, 06/26/2009 - 13:16

Submitted by gmttltcat
on Fri, 06/26/2009 - 13:16

Posts: Credits: [Donate]

Total Replies: 3


When requesting validation of debt is there a deadline for response from the collection agency. Debtor has 30 days to request verification how long does a agency have to return the information.


debt has 30 days to dispute a request for payment and to ask for validation of debt. What is the response time for an
agency to get validation information back to debtor?


lrhall41

Submitted by gmttltcat on Fri, 06/26/2009 - 13:18

( Posts: | Credits: )


The Debt Validation Strategy
It might be helpful to look at our illustration of the process before you get started. You might also want to read this, sort of our own "validation" of the process given here.
1. Send a letter requesting validation to the collection agency (our buddy Bob in the preceding example).
2. Dispute the collection with the credit bureaus.
3. Wait 30 days to hear back from the collection agency. Most likely they will not respond or they will respond saying that they received your letter. Only a letter which includes:
o Proof that the collection company owns the debt/or has been assigned the debt,
o Complete payment history, starting with the original creditor, and
o Copy of the original signed loan agreement or credit card application
is satisfactory.
4. If they haven't sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (b).
5. Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.
6. If they do provide a contract with a signature from the original creditor showing that you owe the debt, there is one more thing you can try: see if they are legally licensed to collect the debt in your state. Not all states require licensing, however. If you believe that they are not licensed, and licensing is required in your state, write them another letter and tell them they are in violation of your state's collection laws and are subject to prosecution and fines. Cite your state's fines and procedures in the letter. This is a last ditch effort, but has worked in some cases.
7. Typically, your work will stop here, as most collection agencies will bow down to your demands and send you a letter agreeing to remove the listing. Now all you have to do is send a copy of the letter to the CRAs.

If the collection agency did not agree to remove the listing, then you need to continue to the next steps.
8. File a lawsuit in small claims court against the collection agency on the basis of violating the FDCPA.
9. Have the papers served to the collection agency. (You can find a paper server on the internet for about $25).
10. In the meantime, in a parallel effort with your lawsuit against the collection agency:
11. If the collection comes back as "verified" from the credit bureaus, you now have proof of further collection activity from the collection agency. (The assumption is that the credit bureau contacted the collection agency to verify the debt.) Since the collection agency did not validate the debt, further collection activity is a violation of the FDCPA.
12. Contact the credit bureaus, and tell them that the creditors did not verify the debts under the FDCPA, and send copies of your proof. Request the method of verification, which is your right under the FCRA. It is crucial to contact the credit bureaus before filing a lawsuit. Make sure you state that the collection agency did not respond to your request for debt validation.
13. You can try sending them a letter after collection agency fails to validate your debt to see if they will budge. They may tell you that the request needs to come from the creditor. This is baloney. If they can't give you reasonable information on how they verified the information and the collection agency has provided you none, you can conclude there was no reasonable investigation performed. Theyare teetering on the edge of "willful non-compliance" under the FCRA. Tell them so.
14. File a suit in either small claims, state or federal court. The basis of the lawsuit should be that the credit bureaus could not provide a satisfactory method of verification, or did not conduct a reasonable investigation.
15. Have the papers served. (You can find a paper server on the internet for about $25). Here is a great link where you can search for the local office of the credit bureau near you.
16. Notify the bureaus that you are suing them by sending them a letter. The credit bureaus will call the creditors and find out that there is a question about whether the debt is legitimate. They should delete it immediately. If you want more legal ammo, you might also try looking up similar cases to cite.


lrhall41

Submitted by pemperandgartle on Fri, 06/26/2009 - 19:21

( Posts: 57 | Credits: )