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Debt Validation etc.

Date: Thu, 03/10/2011 - 14:16

Submitted by anonymous
on Thu, 03/10/2011 - 14:16

Posts: 202330 Credits: [Donate]

Total Replies: 5


If the debt owed was presented to me far over 30 days ago, can I still validate -- well, perhaps that's not the right question, I know I can but is there any use? Can I still relieve myself of responsibility if they don't answer within 30 days? As far as a cease and desist letter, can I write that at any time as well? What if from now on I don't want any more calls I want ALL communication done through mail, do I have to have a reason for this? Do they have to comply, and if they are obligated to comply, what if they dont? Also, one more question. The original debt is from a Credit card, it was passed on to a CA (Global) then I received letters from Nelson, Watson and Assoc. However, I'm still receiving ONLY calls from Global (at least I can't remember any calls from Nelson, Watson and Assoc.) Even if the 30 day validation period is up, the fact that I'm confused on who is handling this situation, doesn't that call for a right of validation and a response from both?


Well you can ask the collection agency to validate the debt, but they are not obligated to reply to you. You should have taken steps earlier. You can’t send them cease and desist letter anytime. You can send that letter only when the collection agency has not validated the debt. You can ask your original creditor about whether your account has really been sold to the Nelson collection agency or to Global.


lrhall41

Submitted by anonymous on Fri, 03/11/2011 - 03:41

( Posts: 202330 | Credits: )


umm jeff you can send a C&D anytime,but it is only recommended if you know you don't owe.a legit CA can recommend a lawsuit with a C&D but again someone can send that letter anytime.btw when did you receive the first letter from nelson watson?if that letter was received and you waited more than 30 days then yes nelson watson is not obligated to validate.that doesn't mean the debt is valid,or you can't send a C&D.now here is the reason you don't send a C&D first.because there is no such thing as a partial C&D.it is a complete C&D,and that again can get you sued.in your case i would try the DV for nelson watson,and if global calls again look at sending them the C&D letter.to close you can send a C&D,but it will be an all or nothing and might get you sued.send the DV letter anyway.


lrhall41

Submitted by paulmergel on Fri, 03/11/2011 - 06:09

( Posts: 15514 | Credits: )


A couple points:

[LIST=1]

  • As Paul stated, a C&D can be sent any time. It's your right to do so if you wish. If the CA feels the debt is legit, you may get sued, yes, but you will have the opportunity to have the debt validated during the discovery process anyway.
  • If you wait past the 30 days, the CA will "assume" the debt is valid because you haven't disputed it. You can still send a DV.
  • Unless you're in TX, there is no time limit on the CA's validation response. They can take forever to validate if they want to. They just have to stop collection efforts during that time period.
  • I just want to reemphasize what Paul said. There is no such thing as a partial C&D. It's all or nothing. You can always request that contact be made via mail only but the CA doesn't have to honor your request. The only protection you have under FDCPA against phone calls is if they're calling you at work.


    • lrhall41

    Submitted by OhioGal1 on Fri, 03/11/2011 - 06:21

    ( Posts: 5253 | Credits: )