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CA didn't validate debt but continued collection effort.

Date: Tue, 08/29/2006 - 17:44

Submitted by anonymous
on Tue, 08/29/2006 - 17:44

Posts: 202330 Credits: [Donate]

Total Replies: 6


I was contacted by a law firm regarding a debt they claimed I owed to the company that manages my condo association. They simply gave an amount which looked like about 3 months of dues, plus a fee of $108. I requested they validate this debt and have confirmation that they received my letter requesting validation before the 30 days were up. I never recieved any other contacts nor anything that validated the debt. About 30 days after they received my letter I got a letter saying that they had put a lean on my property. They also demanded payment which based on the date I reveived this letter in 1 day or they would start foreclosure and that would cost $3,000 - $5,000. The fees were now $108 + another $400.

What do I do? They are in violation of the fdcpa from what I can tell. I don't want to go to court and if they can proof the debt is valid I would pay it. But now even if they validate it, do I have to pay this new $400 because they continued collection efforts when they shouldn't have? Also is there a reasonable amount of time they are required to give to respond to a demand for payment?

Thanks!


I haven't contacted the association. I don't live there now and its quite difficult to call. Today I sent the CA a certified letter informing them that they were in violation of fdcpa section 809 b (didn't validate debt, continued collection). I demanded that they validate the debt using registered mail and reverse any actions they took since they received my request for validation of debt etc. I will pay it if it turns out to be valid etc. But only what I should pay which would be the debt plus any fees up until they validate the debt etc. Not anything they ran up after that. I'm no lawyer... so it will be interesting to see their response.


lrhall41

Submitted by on Wed, 08/30/2006 - 16:37

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Under the fdcpa you can sue them for $1000 per violation occurrence (every phone call after they received the letter is an occurrence) You can get the necessary paperwork from the federal district court for your area and file the suit prose . Make sure you have your documentation together. If you win, pay them with their own money , and (unless your REALLY need the rest) donate the rest to a charity ( why hold on to their dirty money ?? put it to good use for others). However, get a receipt for that donation and write it off on your taxes.

If you don't live there anymore, why are you still being held responsible for these fees??? if you sold it the title wouldn't have transfered tot he new owners until the fees were made current.


lrhall41

Submitted by LCW on Wed, 08/30/2006 - 16:44

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A collection agency isn't going to send you anyhting via registered mail. They aren't going to pay out money for a debtthey believe you owe.

I suggest you look closely through your mail and look at what you might consider junk. As long as their systems indicate that they mailed one out to the address on your file they are in the clear. They would not have used any address you sent in unless you specifically asked for them to do so or unless you called them and gave them a new mailing address.

Most systems that companies use can not have documentation deleted without deleting your file.


lrhall41

Submitted by FYI on Wed, 08/30/2006 - 17:06

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