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Question on debt validation.

Date: Sun, 11/19/2006 - 10:01

Submitted by anonymous
on Sun, 11/19/2006 - 10:01

Posts: 202330 Credits: [Donate]

Total Replies: 7


Here is my situation. Hopefully someone can help.

Collection agency contacted me about 8 months ago about a $9,000 debt. I requested debt validation. 2 months later they sent me a few copies of old statments and threaten lawsuit unless I pay in 2 weeks. I wrote back immediately telling them this is not sufficient debt valdiation and to please validate the debt. The recently responded with a court summons.

Here is my question. Can I go to court and say debt wasn't validated? Because it seems like sending copies of statements isn't proper debt valdiation. Will this defense hold up in court?

I live in Ca. Does anyone know where I can go to find out information of what is required for debt validation in CA? Any previous court cases that I can site in court to help me??

Do these collection agency usually show up in court? This one particular agency sues ALOT. On the court website, they are sueing over 1000 people in my county. If they don't show up to court what should I do?

Thanks a lot. Happy Thanksgiving.


Matthew9 - I'm no debt attorney, and don't pretend to be one, but I'd definitely consult someone about this. I think the fact that your last activity on the account was in April of 2004, and they sent you statements from 2002, 2003 and 2004 may be enough proof to the court that they fulfilled your request for validation. You may not be in a position to fight it based on this.

Please consult a debt attorney ASAP and get an opinion on this.

Best wishes!


lrhall41

Submitted by SUEBEEHONEY70 on Mon, 11/20/2006 - 05:04

( Posts: 4583 | Credits: )


If the 2004 statement was through the last activity on the account (April 2004), that's all the validation you will get, and probably all that they need to show that you owe a debt.

Validation does not refer to whether or not the DC owns the debt, but they will have to prove that in court.

Find yourself a consumer lawyer to help you defend this in court. They are usually affordable, and the defenses to debt collection lawsuits are technical and difficult for a layperson to make.


lrhall41

Submitted by Sam Glover on Mon, 11/20/2006 - 08:58

( Posts: 161 | Credits: )