Can Collectcorp sue me without properly validating the debt?

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The statements were from the bank of america credit card. Not a bank account.Sorry i typed it wrong.So since the statments were only for the last year and there is nothing showing when the account was opened is that enough to validate or do they need to show me the original credit card application signed by me? There is nothing with my signature on it.Thanks for your help!
D.W

Does the last statement reflect an amount owed the collection company is now claiming you owe? If it is, that is still only partial validation. You do need to see a signed contract because so far they have only proven that there was a card in your name but not if you opened that card. Also the contract will dictate what interest and/or fees may be applied. You also was a notarized letter giving the collector authorization to collect on behalf of BoA.

Check your credit reports, if it is on there it is a good bet they are reporting incorrectly and that will give you ammunition against them!

You are not going to get a notarized letter giving the collector authorization,,,BofA would rather sue than go thru the hassle.

Collectcorp is working third party.....the poster could go thru BofA to verify this. All valdiation is in this case is a stall.

Im gonna check my credit reports as instructed.How long can I stall before being sued and what do i do when/if I am sued? With the economy in the shitter like it is and so many people defaulting on credit cards how can they sue us all?

Yeah that was my mistake....the notarized letter would be more for a collector collecting on an account owned by a JDB...but asking for that from a collector acting on behalf of the OC would likely ask for trouble:) It would be best to just ask the OC who is collecting on the account to check.

You really don't want to take the mind-set of 'stalling' unless you have a plan in mind, like say you want to stall a month or so until you have the required money, but if you just want to stall to keep them from doing anything, that could blow up in your face.

Normally I say to hold out for contracts and complete statements, but it is a guarantee that an OC would have these things.

Perhaps your best strategy is being completely upfront honest with them. Go over your budget realistically and come up with a payment plan you can afford and know you can stick with. Send the CA the arrangement offer, say that this is what you can realistically do and should the account ever go to court that a judge will see your financial situation and likely order an even lower payment.

If they turn it down, then send a copy to BoA and point out you are trying to pay the account but the CA is being unreasonable and ask for the account to be pulled back as you are trying to make a good faith attempt.

Even if they turn it down...you keep a copy of these letters (and mail them certified return receipt.) And every month send them another. That way if they DO sue...you show these letters to the judge and explain that they were asking for money you simply did not have and refused all your attempts to pay it. It will make them look bad and the judge may order that payment arrangement or even one lower.

I want to send Collectcorp a letter asking for a signed contract with my signature proving this debt is indeed mine.Can anyone give me a sample letter to use for that or tell me how to word it or should I just leave this alone, let them sue me and then tell the judge I never recieved anything with my signature on it proving the account is mine and therefore the debt was not properly validated?

If they are collecting for the OC they WILL have a copy of your contract and stalling in this manner would just get you sued. This account is fresh enough that they will have everything in order. Your best bet would be to make a good faith effort. Talk to the OC and see if you can work something out with them, see if they will call the account back to them.

Honestly the only time you should DV and ask for every shred of documentation is when the debt is old and has changed hands many times because often they either don't have the right paperwork, or they have charged illegal interest and/or fees.

CAs who collect for the OC have a little more leg to stand on because they are in fact just collecting upon the debt on behalf of the original owner and trust me when I say the original owner will have documentation. It would look much better at court if you tried to handle it. Doesn't mean you have to pay what you can't afford, but if you do offer arrangements on what you CAN afford, it would look good.

I have credit cards that was sent to me in the made offering ( a way to build my credit) call to activate. I was anxious to build my credit so I did it. after a while my husband took the cards and charged over the limit and i had those fees plus late fees. I called to cancel the cards and agreed to pay what was owed at that time at the original monthly pmt but they refused and kept adding fees to me. I had one that offered me a settlement at like 379. I agreed but could not pay it THAT DAY ( they sued me for 1700 $ . I responded to their complaint and got a letter from the court that the creditor was not persuing but then they kept adding fees and now it is 2400 and over to a collector . What do I do. This is from 2003-2005

Can you explain a bit better? I see you said you were sued but then the court sent you a letter? Please describe the court proceedings as bit more.