Is this a proper dv letter validation?
Date: Tue, 01/12/2010 - 14:28
Dear Mr. Key,
As per your request to validate this debt and pursuant to the FDCPA and the cases interpreting the Act, be advised that the principal balance due of XXXXX is owed to FIA Card Services, NA. , f/k/a Bank of America on your Visa credit card account bearing acct # xxxxxxxxxxxxxxxxxxx.
Signed,
Mr. Lawyer
That's all I've gotten until today. I was served with a civil action that Ihave to answer. The summons is legit. I'm in sol. I don't agree with the balance seeing as how I haven't seen any paperwork.
No, that is not proper validation. Not at all. The FDCPA makes
No, that is not proper validation. Not at all. The FDCPA makes it clear that if you notify the debt collector that it is disputed, they must contact the original creditor and get the proper info from them, and then forward it on to you. They cannot just put a bunch of numbers on a paper and send it off to you.
Unfortunately, that is not enough for you to get the lawsuit stopped, but you can and should file a countersuit against them for violating section 809 of the FDCPA.
After looking over the summons...
the plaintiff is the original creditor. It's confusing because I thought I was dealing with the lawyer as a debt collector not through him as the attorney for the OC. Anyway, I have never received any validation from the OC. There is an affidavit attached to the summons from an OC employee but that's it.
I would disagree, the courts state: Verification of a debt i
I would disagree, the courts state:
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. Consistent with the legislative history, verification is only intended to "eliminate the ... problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid." There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt. Chaudhry v. Gallerizzo, United States Court of Appeals Fourth Circuit, 174 F. 3rd 394, 406.
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I disagree with you Anya R, States that have debt collection
I disagree with you Anya R,
States that have debt collection laws that require different things than the FDCPA do. Look at Massachusetts laws and what is needed to be provided. If a debt collector sues in Small Claims court,
(1) The name of the original creditor (if different from plaintiff’s);
(2) The last four digits of the account number assigned by the original creditor, if any; and
(3) The amount and date of the defendant’s last payment, if any.
If the plaintiff fails to comply with this section and the defendant does not appear at the scheduled trial, no default judgment shall be entered for the plaintiff and the claim shall be dismissed without prejudice.
Furthermore if you are sued in district court, for claims more than the small claim limit, you can request production of documents. If the plaintiff fails to comply, you can motion to compel. If they fail to comply with that order it is pretty much an automatic dismissal. I have been through it and won my case pro se.
As for the Chaudhry v. Gallerizzo case, it had to do with a breakdown of attorney fees, which is attorney-client privilege. Also it was in the 4th district court which case law has no weight outside that district. Introducing that case in another case is telling a diffeent judge how to rule, not a good idea.
So before you go spitting out laws you have no idea about, I suggest you read.
