Debt validation or wait?
Date: Tue, 06/08/2010 - 09:33
After reading quite a bit about how these things work, I am torn between what would be the best way to handle junk debt buyers. Would it be a fair assumption if I send a debt validation letter, that they will send documents and start the process of going back and forth with them pressuring me and me denying or is it better to just ignore their letters and wait to be served with a summons and go from there? Then again - if I request the validation now, I'm guessing that might better help me to see what they have as proof?
I'm really confused as to which would be best. Thanks for any and all input!
Always send a debt validation letter prior to receiving any summ
Always send a debt validation letter prior to receiving any summons! A good letter will discourage many junk debt collectors as they prefer the path of least resistance! Not so with attorneys however! They will bring the validation to court and know all the tricks!
You did the best thing by showing up in court! They were betting that you wouldn't! That is why they had no proof!
Quote:Originally Posted by AngeldoveNeed opinions, please! I hav
Quote:
Originally Posted by Angeldove Need opinions, please! I have received a summons before without any prior warning and then answered, went to court and had it dismissed without prejudice by the plaintiff's attorney as they had not brought any proof to court. After reading quite a bit about how these things work, I am torn between what would be the best way to handle junk debt buyers. Would it be a fair assumption if I send a debt validation letter, that they will send documents and start the process of going back and forth with them pressuring me and me denying or is it better to just ignore their letters and wait to be served with a summons and go from there? Then again - if I request the validation now, I'm guessing that might better help me to see what they have as proof? I'm really confused as to which would be best. Thanks for any and all input! |
yes now you can send a DV letter,and the sooner the better.the fact that is what dismissed is an indication that they have nothing,and can't prove their right to collect.a DV letter stops them before they can sue again.get the letter out certified mail return receipt.
I'm afraid I'm confusing everyone. I was just comparing the cas
I'm afraid I'm confusing everyone. I was just comparing the case that I received the summons versus a different debt. Is it always better to send validation letters or just wait it out for a summons?
I've seen where others sent the letters, then received a packet back with all kinds of things like interrogatories, etc. I know when I did "not" send a letter to them, I just received a summons and somehow bypassed all the other back and forth communication.
Quote:Originally Posted by AngeldoveI'm afraid I'm confusing eve
Quote:
Originally Posted by Angeldove I'm afraid I'm confusing everyone. I was just comparing the case that I received the summons versus a different debt. Is it always better to send validation letters or just wait it out for a summons? I've seen where others sent the letters, then received a packet back with all kinds of things like interrogatories, etc. I know when I did "not" send a letter to them, I just received a summons and somehow bypassed all the other back and forth communication. |
if you wait for another summons then validation becomes harder.best to take steps to ensure there isn't another summons.know what i mean?
Thanks too, Soaplady - we posted at the same time! ;)
Thanks too, Soaplady - we posted at the same time! ;)
Quote:Originally Posted by SOAPLADYA DV wont stop them from fili
Quote:
Originally Posted by SOAPLADY A DV wont stop them from filing suit. |
true,but if they file suit after they receive a DV letter.then having the suit dismissed is easier.why?because they couldn't scrounge up proof before.now when the person asks for validation they still must comply.the suit was dismissed without prejudice.that just means the defendent has the right to see proof that the plaintiff has just reason to file suit.i still say get A DV letter out right away.i understand that the idiots,er the plaintiff can sue again down the road,but a DV letter makes angeldoves process of beating these jokers easier.
Okay, I'm going to shoot for a debt validation letter! I have a
Okay, I'm going to shoot for a debt validation letter! I have also read to keep it short. Would I just need to ask for something that proves they have the right to collect the debt, a complete payment history to show the amount is correct and maybe the agreement with the signature?
BTW, I see the part about the agreement with the signature a lot - but, then also see where on credit card debt, that doesn't exist, so would that not be kind of strange to ask for it?
Or . . . should I just say I dispute this debt and leave it at that?
I guess what I'm trying to do is come up with the shortest letter, yet most effective letter to let them know that they need to give me "only" the right stuff or forget it!
Hiya angeldove... I would just send them something like this:
Hiya angeldove...
I would just send them something like this:
Account number _____
Original creditor(if they listed one in their comms to you)_____
date____
To Whom It May Concern:
I received a letter(or phone call) from you recently regarding the above-identified account. This is your notice, in accordance with the Fair Debt Collection Practices Act, that I hereby dispute this alleged debt and request that you provide proper validation to me. This is not a request for you to verify my mailing address, but a request for full validation pursuant to the FDCPA. You are no doubt aware that from the date you receive this letter, you are prohibited from taking any collection effort against me in this matter, including reporting to my credit reports, until such time as you provide written validation from the original creditor to me.
Respectfully,
angeldove
I would just leave it at that, instead of providing a whole list of things you want them to send....because they dont pay any attention to those lists anyways. That letter does three important things--
1--it tells them you dispute the debt.
2--it provides your written validation request, required by law to protect yourself.
3--it shows them that you are well aware of the federal debt collection laws....most JDB's will typically pass this account on to someone else because they dont profit when they go up against someone who is educated and can fight back.
What if they are already listed on my credit reports? BTW, I
What if they are already listed on my credit reports?
BTW, I didn't know you were on here yet and had just sent you an email! LOL! :)