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Debtconsolidationcare.com - the USA consumer forum

valadition request

Date: Thu, 07/30/2009 - 08:37

Submitted by anonymous
on Thu, 07/30/2009 - 08:37

Posts: 202330 Credits: [Donate]

Total Replies: 6


Hi, I sent the attorney office Certified request standard and all they answered back was copies of statments. No signed agreements or anything. what do I do next.


The creditors need not provide you with copies of original signed contracts as a proper debt validation. In fact, the FDCPA does not mention anything as what should be a proper debt validation. However, if they send you statements with the name of the original creditor, it may be considered a proper debt validation.
Did they provide you with details of the outstanding debt in the statement?


lrhall41

Submitted by SC on Fri, 07/31/2009 - 02:51

( Posts: 3937 | Credits: )


I received a dunning letter from hanna law firm last month. The letter had the 16th of june on it and was postmarked on the envelope the 17th. I live at the other end of the state from where they are so I figured it took me a couple days to get it. What my problem is was that I almost forgot about sending them the debt validation letter. I got it done and sent it certified mailed off on the 16th of july but the green card didnt get signed til the 20th of july. well today imagine my suprise when I get served civil papers by a deputy sheriff. My question is do I have a reason to say they violated any fdcpa? does it being postmarked that I mailed it off before thirty days of theirs being postmarked make a difference? am I just screwed and going to have to go to court over this?


lrhall41

Submitted by on Fri, 07/31/2009 - 16:48

( Posts: | Credits: )


so what you are saying is I have no way to prove that they received my validation request with in the 30 days and then filed suit with out validating it? since they have no way of knowing when I received their initial letter how do the know it wasnt within the 30 days?


lrhall41

Submitted by on Sat, 08/01/2009 - 04:27

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the post mark on their letter will serve to prove about when you received it. But here's the problem with your last post--you said:

Quote:

so what you are saying is I have no way to prove that they received my validation request with in the 30 days


Wrong answer there--it HAS been proven as to when they got your DV letter. The date of 7/20 is when they signed for it. That is all the proof needed to show that your DV letter didnt get there within those 30 days.


lrhall41

Submitted by skydivr7673 on Sat, 08/01/2009 - 08:15

( Posts: 2036 | Credits: )