What Constitutes Debt Validation -- It's Not What You Think

Date: Mon, 08/24/2009 - 10:49

Submitted by anonymous
on Mon, 08/24/2009 - 10:49

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Total Replies: 6

In the case of Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals adopted the standard: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt." The Court further stated that a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person or attempting to collect debts which have already been paid. In 2006, the Ninth Circuit Court of Appeals followed and adopted what they described as the "reasonable standard" articulated in Chaudhry.

So it's that simple. All the collector has to do is note that this is your debt and you have not paid it. Judges know this law and are not impressed when you use the excuse that you didn't pay the debt because you didn't receive a two inch thick stack of papers documenting what you owe.

reply

sorry,but that is not true.if that were true.no consumer could ever sue a debt collector for FDCPA violations.i would love to see that little presented during the"discovery"phase of the case.i have seen alot of suits thrown out in IL because the plaintiff has as little as you claim they have.

bottom line..you are just another humanoid trying to dissuade people from using their rights.

lrhall41

Submitted by paulmergel on Mon, 08/24/2009 - 11:09

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I could also quote 'case law', but what's the point, sounds as t

I could also quote 'case law', but what's the point, sounds as though you already have your mind made up. Consumers have rights too, refer to the FDCPA.

lrhall41

Submitted by Shazzers on Mon, 08/24/2009 - 11:21

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the OP'S real handle should be "just the falicy"

lrhall41

Submitted by paulmergel on Mon, 08/24/2009 - 11:27

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Yep, deadbeats don't get it

I had some deadbeat try and say we needed to provide them with every statement ever issued. Judge laughed at him. We ended up taking his car, attaching his house and garnishing his pay. These guys just need to learn they need to pay their debts.
[samebox:88eb9190af="paulmergel"]sure sure,and i have some oceanfront property in south dakota.wanna buy it?[/samebox:88eb9190af]

lrhall41

Submitted by on Mon, 08/24/2009 - 16:23

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Yeah OK^^^^ go back to the rock you crawled out from under. :D

lrhall41

Submitted by Shazzers on Mon, 08/24/2009 - 17:17

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Quote:"I had some deadbeat try and say we needed to provide them

Quote:

"I had some deadbeat try and say we needed to provide them with every statement ever issued. Judge laughed at him. We ended up taking his car, attaching his house and garnishing his pay. These guys just need to lea Irn they need to pay their debts."

I had a bottom feeder pay my attorney and I $5000 (attorney got most of it but it was the principle) for not providing me proof and harrassing me. The best part is I never had to go to court, heck I never even actually spoke to the attorney only his secretary. So yeah you must be right. I encourage anyone that feels they are being bullied by a collection agency to contact an attorney pronto.

lrhall41

Submitted by on Mon, 08/24/2009 - 18:28

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