I went to see a lawyer yesterday

I just went to re-read that part of the fdcpa, and I notice their are some new provisions added since the last time I ever read it ...

Anyway, your lawyer may be right, but I still question it.

On one hand, when you request validation, all that 1692g(b) requires of the CA is to "obtain verification of the debt ... OR the name and address of the original creditor" It doesn't say how they must verify, and so a phone call to the OC may suffice. That word "OR" makes a big difference too - That really just means they can call the OC, confirm their address, and that fits the definition of validation.

BUT the FDPCA says whatever verification they obtain, they must mail a copy of it to the debtor. I don't know what constitutes a copy? It's hard to mail a copy of a phone call.

hang on debt cruncher--read that part again. The reason why it says "or the name and address of the original creditor" is because it also sais that if a consumer requests validation of the debt, OR the name and address of the OC....

in other words, the statute is worded so it includes either option--the consumer can choose either to request the name and address of the OC or ask for validation of the debt.

One thing that is clear on this is that the law states that they must obtain verification of the debt and mail a copy to the consumer. This is paramount--they MUST send you written validation of the debt in order to be legal. The law is clear that written request must be made for DV, and it is equally clear that the CA must send this info in writing, not just tell you on the phone "yes, we validated it...." Think about it--what would then stop any dishonest CA from simply telling you that they called and verified the debt without actually doing so? That in itself dedeats the whole purpose of the statute as written.

Shaz, I find that kind of strange--many fdcpa lawyers take cases on contingency, because they get their fees from the CA that they sue if they win. It isnt like the attorney will lose money on the case or anything...

I think if I were you shaz I would consult with another attorney on this matter becuz skydivr is right.

The attorney that you spoke to Shazzers sounds like he has probably represented some Collection Agency's in the past or maybe bankruptcy, and or debt resolution etc., may not be his expertise. Most really good consumer attornies will tell you that debt verification MUST be in writing...not validated/verified by way of a simple phone call. This attorney must not know much or just does'nt care and is only in it for the money. Yes, you the consumer would pay, and then if he goes about suing the CA, he'd probably try to get half of that settlement. I would follow through and see another attorney.

I got his name from the NACA site, he told me he has sued some of the CA's that I was dealing with right now for other clients. He seemed to know his stuff when it came to the fdcpa, but as I said, he seemed disinterested in representing me, so what could I do besides say "Thanks anyway". He also suggested to me that I should file bankruptcy because of the debts I have, plus the fact that I am now accumulating medical debts to add to my problems. The thing is, my medical debts aren't going to stop accumulating after I file bankruptcy, so I really don't see that as a solution, in my case. And I really do NOT want to file bankruptcy if there is anyway I can avoid it, I just want to be treated fairly by these debt collectors, and I do not feel I am being treated fairly. So, it looks as though I am going to be doing this pro se, unless I am able to locate another attorney close enough to me that is willing to represent me. So far, I've not been able to find one at the NACA reasonably close to me. :?

OK I NEED CLARIFICATION ON THIS. WHEN YOU SAY THEY HAVE TO SEND SOMETHING IN WRITING FOR THE VALIDATION OF THE DEBT. DOES THAT MEAN THEY CAN JUST SEND YOU A LETTER STATING WHO THE OC IS? I HAD A LAWYERS OFFICE SEND JUST A LETTER STATING WHO THE OC WAS. I HAVE SENT 2 MORE VALID LTR AND THEY HAVE NOT ANSWERED. SO AM I TO UNDERSTAND WHAT THEY SENT IS OK.

One thing that is clear on this is that the law states that they must obtain verification of the debt and mail a copy to the consumer.

meircats
The attorney that you spoke to Shazzers sounds like he has probably represented some Collection Agency's in the past or maybe bankruptcy, and or debt resolution etc., may not be his expertise. Most really good consumer attornies will tell you that debt verification MUST be in writing...not validated/verified by way of a simple phone call. This attorney must not know much or just does'nt care and is only in it for the money. Yes, you the consumer would pay, and then if he goes about suing the CA, he'd probably try to get half of that settlement. I would follow through and see another attorney.

I think what he meant was the CA would send a letter stating they had spoken with the original creditor, which in turn would be proper verification/validation.

Shout:
OK I NEED CLARIFICATION ON THIS. WHEN YOU SAY THEY HAVE TO SEND SOMETHING IN WRITING FOR THE VALIDATION OF THE DEBT. DOES THAT MEAN THEY CAN JUST SEND YOU A LETTER STATING WHO THE OC IS? I HAD A LAWYERS OFFICE SEND JUST A LETTER STATING WHO THE OC WAS. I HAVE SENT 2 MORE VALID LTR AND THEY HAVE NOT ANSWERED. SO AM I TO UNDERSTAND WHAT THEY SENT IS OK.

One thing that is clear on this is that the law states that they must obtain verification of the debt and mail a copy to the consumer.

I honestly do not know for sure, I am only stating what I was told yesterday. If the Collection Agency is representing the original creditor, then whatever they are told by the OR is sufficient, but that isn't written in stone, I am also questioning that.

Ladybug:
I think if I were you shaz I would consult with another attorney on this matter becuz skydivr is right.

I'm searching as we speak!

skydivr7673:
Shaz, I find that kind of strange--many fdcpa lawyers take cases on contingency, because they get their fees from the CA that they sue if they win. It isnt like the attorney will lose money on the case or anything...

Yes but, they would lose time they invested in the case if they didn't win, right? I'm assuming that was his reason for not taking any of my cases, also, he usually doesn't offer a first free consultation.

I had a situation where the debt buyer turned the account over to an Attorney in my area.

My Attorney sent them a request to provide all documents they had proving I owe the money.

The Collection Attorney did send a reply stating they had confirmed the debt with their client. Also included was the date the account was opened and the last payment date. Nothing was sent that came directly from the "debt buyer" though.

She ended the correspondence by stating we hope this can be resolved by Nov. 17th.

This has been five months ago and neither I or my Attorney have received anything else. No further action has been taken.

I am unsure what they are required to provide as far as validation.
It makes sense to me that if you dispute the debt, they are required to provide proof.

If you have an Attorney, they know you intend to fight them if they file suit.

They also know your Attorney will ask for proof of the debt during the discovery period.

So, it's always good to hire an Attorney if at all possible.

--Your thoughts? --

My thoughts are none! I am a foolish imp with no common sense. Let me pay your bills for you!

--My Thoughts?-- Hhmmmmm!! I wish I could say it. But the decent human I am. LOL

It looks like he has found himself!

lol =)

No Nonsense Collector:
--Your thoughts? --

My thoughts are none! I am a foolish imp with no common sense. Let me pay your bills for you!

Hey THANKS!! :D

Now, get out of my thread, I don't want this to turn into a "no nonsense" "pay your bills" thread.

Hey frogpatch, what do you think about what my Attorney told me, about validation?

It is a difficult search but you must perservere. Focus on what you want to happen not what has happened. If it was easy none of us would be here. "The temptation to quit will greatest just before you are about to succeed." Old Chinese saying.

frogpatch:
It is a difficult search but you must perservere. Focus on what you want to happen not what has happened. If it was easy none of us would be here. "The temptation to quit will greatest just before you are about to succeed." Old Chinese saying.

Thanks! No way am I backing down now, in fact I told that Attorney before I left his office, "I'm not giving up, I'm determined".