There are many debt validation letters floating around on the web that are ridiculous – I used to have one posted on here. Mailing out a debt validation letter (registered mail of course) simply means you are requesting for the collection agency to prove that they have any legal authority to collect on this debt and that you owe it. Found below is a sample debt validation letter of an accused debtors request for validation of debt from a collection agency.
The Fair Debt Collection Practices Act doesn’t apply to original creditors such as Bank of America, Citibank, Capital one, and Discover Card. A validation letter is used when the original creditor has sold or assigned the debt to a collection agency. It is important that you make sure this collection agency has the legal right to collect this debt. If they can’t prove they possess the legal right then the debtor doesn’t pay. A debt validation letter will also buy you some time. The collection agency is not allowed to pursue the debt while it is being disputed. Other articles at DebtPrison.net you may want to review are:
Get Everything in Writing: Collection Agencies and Their Lies
How to settle your debts on your own
Can you go to jail for not paying your credit card debt
How to deal with collection agencies
The validation process is outlined in the Fair Debt Collection Practices Act so you should take the time to read it. In this Act it states that the collection agency is only required to supply you with the name of the original creditor and the amount of the debt. However, if you are sued in civil court by a collection agency, you certainly have the right to request a copy of the original contract (which you signed) that indicates you ever entered into a financial agreement with the creditor. For an example of this defense please see DP reader wins civil suit against collection agency. If they fail to provide this ‘proof’ of contract, the judge will likely dismiss the case.
If you need immediate advice on bankruptcy or debt settlement, then please call 877-231-4384. This is a toll-free number. A representative will help evaluate your financial problems for free and can even connect you with a local attorney. You can also fill out our free bankruptcy evaluation form by clicking here.
You should consider requesting Debt Validation in the following circumstances:
The debt is past the Statute of Limitations.
You have no knowledge of the debt.
The dollar amount they claim you owe appears higher than it should.
The debt is disputed (you don’t feel you legally or morally owe it).
The debt is on its second, third, or forth collection company.
The debt is over $1,000.
Bear in mind that unless you are willing to record phone conversations, hire a lawyer, and sue a collection agency… it may prove wise to simply ignore their phone calls and letters. But what if they take me to court to try and acquire a judgment? For a collector to actually file a suit against you in civil court, they are most likely betting that they have the information they need to prove you owe them, or that you are not informed enough to know your rights. For many people who choose to ignore them – the debt gets passed on to another collection agency. Yes they will threaten legal suit, but unless you receive a summons for court, it’s nothing more than a threat.
A collection agencies initial letter to you should indicate the original creditor and the dollar amount you owe. If your name, original creditor, or dollar amount appears incorrect you may want to consider debt validation. However, debt validation is not simply a means of getting out of paying your debts. In fact, a debt validation letter will draw attention to your account. Therefore, if you owe the debt, you may be better off simply ignoring their calls and letters. Whether or not this is a good idea will depend on many factors. You should use debt validation only when necessary. Since you probably don’t know anything about the collection agency… you won’t know if they:
Don’t have legal representation in your state in which to represent the collection agency in civil court.
Don’t have a track record of suing debtors.
Don’t have a track record of winning judgments.
If you plan on long and intensive deliberations with collection agencies you may want to consider purchasing a phone conversation recorder. You want to make sure that it’s legal to record phone conversations in your state. Also, if recording the call I would inform the collector they were being recorded only if my state law requires me to. Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Many collection agencies send out a letter to everyone that reads the same. They like to get debtors on the phone so they can intimidate, confuse, lie, manipulate, and harass you into payment. Therefore do not talk to these bill collectors on the phone. If you haven’t received a collection attempt letter and a collector calls you… tell them to hold while you get a pen and paper. Ask for the persons name, company name, and address. You want to write these down so you can investigate their company using google or another internet search engine.
After getting the collector’s name and company, inform him/her that you must receive correspondence from them via mail (they have to mail you a letter defining the debt) and that you are not at liberty to discuss this matter over the phone. Don’t give them your address or any other information over the phone. Tell them you will be awaiting their letter and not to call back. Promptly hang up and don’t speak with them again on the phone. All future correspondence should be via mail. If your only desire is to stop the phone calls you should send a ‘Limited Cease and Desist Letter’. This means you are still permitting them to contact you, however, it is only allowed via mail – no phone calls.
Limited Cease and Desist Letter
Your name
Your address
Beehive Collection Agency
458 St. Claude
Suite 103A
New Orleans, LA 70062
Today’s Date
Re: Account # XXXX-XXXX-XXXX-XXXX
Dear Collection Representative,
I would like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be documented and considered harassment. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.
Best regards,
Your Name
What is Debt Validation?
Debt validation can only be applied to a collection agency - not the original creditor. For example, you have a credit card account with Capital One that is in default. You cannot ask Capital One to validate the debt. This is because you have been essentially receiving validation from them already in the form of monthly billing statements. However, you can and should under the above mentioned circumstances, ask any collection agency or ‘law firm’ to validate the debt in writing (that they claim you owe).
How do you know that this so-called collection agency isn’t actually just a group of scam artists who randomly call people using the phone book. They just keep calling saying that “Yes Mrs. Smith we are a collection agency trying to collect on a debt of $2,000. How soon can you make a payment?” If they are lucky you will volunteer some information, which enhances their story, and now you think a debt with Sears is actively being collected by these folks on the phone. This could never happen could it?
When you ask a collection agency to validate a debt, you are asking them how much money is owed and to whom it is owed. So the collection agency should send you a response letter that would state something like “you owe $2,800. The creditor or original creditor is/was Bank of America. We are representing Bank of America in an effort to collect on this debt.” Often you will receive a similar letter in the first place. This is how collection agencies begin the collection process (collection letter and phone calls).
The validation process
If you receive a phone call from a collection agency you should follow these instructions:
* Deny any knowledge of the debt.
* Grab a pen and write down the name of the collection agency and their address.
* Inform the collector that they will be receiving a validation letter in a few days and not to call back (then hang up immediately). If they call back don’t answer.
* Immediately write this letter and mail it out (snail mail).
* Send the letter as a registered letter so they have to sign for it and you’ll get a receipt showing where they signed for it.
* Paperclip the registered letter receipt to a copy of the letter and never lose it.
Now if they respond to your letter and the information appears to be correct (you honestly owe the money) you should contact the original creditor to verify that they assigned this debt to said collection agency. Or they may tell you that they sold the debt to a collection agency. You want to insure that this collection agency legally possesses the authority to collect on this debt.
Sample Debt Validation letter:
Date
Your Name Address City, State Zip
Debt Collector’s Name Address City, State Zip Re: Account Number
Dear Debt Collector:
I am writing in response to phone call/letter received from you on date xx/xx/xx. Pursuant to my rights under federal debt collection laws, I am requesting that you provide validation of this debt. Note this is not a refusal to pay, but a request that your offices provide me with evidence that I have a legal obligation to pay you.
Sincerely,
Your Name
There’s no need for you to threaten to sue the collection agency or to ask for a long list of crap that they aren’t required to provide for you under the FDCPA. Their failure to provide you with a long list will not make you judgment proof when you stand in front of a judge. However, you can request a copy of the original contract with your signature. You can wait until the day of court to pull this ace from your sleeve if you’d like, since most lawyers representing the collection agency likely won’t have a copy of the original contract on them the day of court. This can postpone their case or their failure to produce such a contract can result in the case being thrown out by the judge. Much will depend on the judge and his interpretation of the facts and your character. Or you can request a copy of such contract in your intial debt validation letter. This will let the collection agency know that you know your rights and won’t be a ‘roll-over’ debtor who simply coughs up cash.
After you receive the collectors response letter
If you further wish to dispute the debt write another letter immediately. If you’d like you can basically repeat the first letter, but state that this is the second time you have asked them to validate and their initial response was insufficient and the debt is still disputed “please provide me with the following information.” Tell them they have 30 days to respond to this letter or their claim will be considered invalid.
Or you may actually not owe the money. In this case immediately respond stating that their claim is disputed “you do not owe the money because etc, etc…” Then explain that they should dismiss this claim entirely and not report it to credit reporting bureaus. Failure to comply will result in you filing suit against their company. Send this letter registered, print an extra copy, and paperclip the receipt to the copy. Save these items – never lose them. When I say never I mean never. Keep em locked up tight.
If the collection agency fails to properly validate the debt after two request I would write a letter like the following:
Beehive Collection Agency
458 St. Claude
Suite 103A
New Orleans, LA 70062
Today’s Date
Re: Account # XXXX-XXXX-XXXX-XXXX
Dear Collection Representative,
Not only is this debt legally disputed, but you have been unable to validate this debt as described under the FDCPA. Therefore, I obviously do not owe you any money of any kind. I would like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be documented and considered harassment. I also expect all collection letters of any kind to promptly end. As my rights indicate under the law, I have the right to demand you stop harassing me about this bogus debt. This includes all phone calls and letters. Any further communication with me, will be documented, and forwarded to the FTC as well as your State Attorney General. Please note that this letter is being sent to you registered mail. I am keeping a copy of this letter with the return receipt attached.
Best regards,
Your Name
Remember – if you feel intimidated by this process and have some change to spare, go visit a local lawyer in your town who you trust. Ask for one hour of legal counseling and make sure to speak with a lawyer who specializes in civil court cases.
Often the Debt Validation Letter will result in the collection agency dropping the claim or selling it to another collection agency (because they can’t properly validate the debt). If they drop the claim that should be the end of it. Or they may sell the debt to another collection agency and this process starts all over again. If they report incorrect information to the credit reporting bureaus go online to the websites of Experian, Transunion, and Equifax. Follow the instructions for filing a dispute. You would want to see the outcome of this dispute before seeking legal counsel.
If you have any questions or comments just drop me a line below. Remember that the best way to handle collection agencies is to read the Fair Debt Collection Practices Act and continue reading online about other’s personal experiences. Take care and I hope this article helps!
A Debt Validation Letter for a debt you do not owe
Collection Agency Name
Street Address
City, State, Zip Code
Re: Dispute of Alleged Collection Amount
Account: Account Number
Amount: Dollar Amount
Creditor: Name of Original Creditor
Attention: Account Manager
It has been brought to my attention that you are attempting to collect on an account that is in legal dispute. Therefore, please consider this response as my legal dispute and request for you under public law 95-109, 15 USC 1692g. S 809 to obtain verification of this alleged debt or a copy of a judgment against me. I furthermore request the name and address of the original creditor stating that this alleged liability is mine so that civil action can be implemented to resolve this erroneous accusation, if necessary.
Any further attempt to collect and/or continue to falsely report this disputed information on my personal credit file without complying to the above stated provisions will be deemed as non-compliance and you will be held liable under 15 USC 1692 (k) (civil liability) to one or more of the following:
All actual damage sustained by a consumer as a result of such failure;
(A) Included above, additional damages allowed by the court, not exceeding $1,000; or
If a class action is filed, such amount for each named plaintiff, recovered under subparagraph (A) of the stated Title, and an amount not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
All cost accrued by the consumers’ successful action to enforce the foregoing liability, along with attorney’s fee.
It is my intention to resolve your inaccurate reporting of this activity contained on my file amiably. However, rest assured I would pursue all legal rights therein to resolve this matter.
If this liability is proven to be due, it is my intention to retire it immediately. I look forward to your response within the next 30 days. Thank you for your cooperation.
Sincerely,
Your Name
Your Address
Debt Validation Letter for bogus Medical Service
Your Name
Your Address
Name of Collection Agency
Collection Agency Address
RE: (Original Creditor)
Account#: (put acct # here)
Amount Due: (dollar amount here)
Dear Collection Representative,
I have recently been made aware of an account that has been placed with your office for collections. Please be advised that I am unaware of ever having an account with the above mentioned creditor and dispute its validity. Therefore, please provide me with a copy of the itemization along with any documents I personally signed which would in any way obligate my responsibility for payment. I expect that this information will be sent to me within the next 30 days. If you fail to send the requested information within this timeframe, I will assume that this account will be deleted from all credit files will all credit reporting agencies and all collection efforts will cease.
I look forward to hearing from you so we may resolve this matter amicably.
Best regards,
Your Name
Here’s a follow up debt validation letter after 30 days have passed
Your Name
Your Address
Name of Collection Agency
Collection Agency Address
Attention: Collection Manager
RE: (Original Creditor)
Account#: (put acct # here)
Amount Due: (dollar amount here)
Dear Collection Representative,
This letter is to inform you that it has been over 30 days since my initial request for documentation (see enclosure) of validation for this account. As of this date I still have not received the information requested. Furthermore, I have been informed by the credit reporting agencies that your company continues to confirm this account as correct and owing. As you have not followed through with my previous request, I assume this account will now be removed from my credit report, as the law requires. Furthermore, please be advised that if you do not remove this account and notify me immediately in writing of your actions, I will not only file a formal complaint with the FTC, but also with the Office of Consumer Affairs and possibly seek legal counsel to determine what other actions I may take.
I look forward to hearing from you.
Best regards,
Your Name
Protect your family — let a bankruptcy lawyer help you explore whether Chapter 7 bankruptcy or Chapter 13 bankruptcy will offer you the most financial clarity. The first step to financial renewal is completing this free evaluation form.
Related Articles
* The Fair Debt Collection Practices Act
* Reasons not to file Bankruptcy or Settle Your Debts
* Can you go to jail for not paying your debts?
* How to settle your debts on your own
* How to deal with collection agencies
* Sample Debt Validation Letter
* Information on Credit Card Balance Transfers
* How I Escaped Credit Card Debt
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I went over this website and I believe you have a lot of great info, saved to bookmarks (:.
Great information . However what is the point ? The debt will remain on your credit history for 7 years. In many States it is uncollectable after 6 depending on what type of debt.
The point is unless they sue you , they are not collecting . You do not need to go through all the work.
Who does not have called id on thier phone these days. Simply do not answer when they call.
Answer and say goodbye.
Answer and have a lot of fun , keep saying no english , no english you trying to reach who ,
Answer the phone Joes Bar yea he is always list this has is home number he is passed out
Tell the collector you are gay and he sounds so cute and just keep talking about gay stuff
Talk gibberish
Just put them on hold or better yet leave line open and go about whatever watching tv , talking to friends
Michelle, I would simply send a letter stating that the debt is past the SOL and as a result their request for payment is null and void. Site the statue in your state law which indicates the sol.
Best of luck, Barry
I have a question. The SOL has lapsed on a debt that I settled in 1999 with a fitness company. They have sent a letter to me this January asking for a payment of the remaining amount or a settlement for less the amount. Crazy. I know that I am beyond the SOL, which in my state is 10 years. Is the validation of debt letter the letter that I send? Or is there another letter that states that I know the SOL has lapsed?
Thanks,
Michelle Glaspie
Hello…
Thank you for all the information.
I’m hoping you may have some thoughts that can help with my situation. I sent a debt validation letter to one “lawyer” within the 30 day period. Instead of responding, though, they just filed a summons. I sent my “Answer to Complaint” and now received a trial date. They NEVER responded to my debt validation letter. In my “Answer to Complaint” I included a copy of the debt validation letter and reminded them that they had not responded. Still I received nothing from them again. I’m wondering…is the debt validation the same as sending “interrogatories”….or request for discovery.
I am so overwhelmed by the debt collection process…and now legal things…I would give anything to make it stop.
Regarding “a copy of the original contract with your signature.”
If you are sued, one thing the Plaintiff must be able to prove is your AGREEMENT to the terms of the contract with the Original Creditor.
One form of agreement (also called “assent”) is your signature on a contract. For *credit card accounts* such a thing almost never existed. You may have signed an *application* for credit, but that is not the same as signing the contract itself. If you agreed to open the account base on a TELEPHONE solicitation, even *that* signature is absent.
So they have to prove your “agreement” by other means. Such as copies of checks, signed by you, that you used to pay on the account. Payment is agreement. Does anyone beyond the Original Creditor HAVE such copies? HAH! Not likely.
Or, copies of purchase receipts, again with your signature attached to them. Again, does anyone beyond the Original Creditor HAVE such copies? The answer is the same: HAH! Not likely.
“Statements” do not count. They are computer generated listings. Alone, they don’t “prove” anything.
@spacerngr79 – my reply is too late to be of any help to you, but I’ll post it anyway in case someone else finds this thread.
you write “…does this company have the right to not give me their address or any address for me to contact them and second, can they refuse to send me anything in writing?”
Sure! But it comes along with the “right” for them to be told by you to GO FLY!
As far as I know [please check me], only the *owner* of an (alleged) debt can sue you. Of course, they may hire a law firm / lawyer to represent them. I don’t know what a “litigation company” might or could be.
First, demand that all future communication with you be accomplished by sending physical mail via the United States Postal Service. This is not something that you want to try to try to think clearly about at the instant of a telephone call!
And MOST IMPORTANT: ** ADMIT NOTHING ** … you wrote: “The person I spoke to was insistant on me making a payment so that they could stop their ‘further actions’.”
You bet they were! Once you pay ANY amount, you have entered into a legal agreement that you owe what they claim you owe.
PAY NOTHING! ADMIIT NOTHING!
If you say, on the phone (and of COURSE they are recording the conversation)… if you say anything like: “Oh yeah, no I didn’t pay that loan off and so I guess I owe you $873…” They’ve got you!
You just entered into a legal agreement that you do, indeed, owe them $873. Even though, moments before, they had NO LEGAL PROOF that you did.
Heh. You just gave it to them.
Admit nothing. Pay nothing. Demand proof.
You do NOT need to send a debt validation letter by Registered Mail. Registered Mail travels under lock and key (literally) and carries a documented chain of custody. Registered Mail is used when the *security* of the item being mailed is important. Perhaps it’s a gold pocket watch, or a letter your great-grandfather received from the U.S. President at the time.
For a Debt Validation letter, Certified Mail, Return Receipt Requested is quite good enough. I once had a Debt Validation Letter never reach its destination address. Quite unusual, but it can happen. The last tracking information was that it *left* the destination city’s USPS sorting facility. The next stop usually is a facility that letter carriers work out of, or perhaps one of those single room Post Office facilities you find on the lower or basement floors of a high rise building.
I didn’t realize my letter had vanished in transit until I tried to check the status on the USPS web page and discovered that apparently they do not provide tracking information for certified mail there. I had to actually visit a local Post Office to get it.
So… next time I might just sen the Certified Letter by Priority Mail, with Delivery Confirmation service. At least THEN you can know, immediately, when the letter was delivered. This can be important to know if you’re working close to that 30 day limit.
Can a major bank sue you over a closed savings account with them that had enough money to cover a credit card with them that is behind on payments? The funds have not been redeposited anywhere and would like to use it for a debt settlement with them.
My brother got involved in a vehicular accident by hitting a car and causing damage to it. He had an insurance on the date of the accident and has all the evidence to prove this. He even called his Insurance Co. and he was told they will take care of it since he has an insurance policy with them. More than a year after the incident, he received the following letter from a Debt Collecting Agency:
Claim by: XXXX MUTUAL AUTO INS CO
Date of Loss: 03/20/2011
Amount of Claim: $5000.00
Claim No.: XXXXXXXX
Insured: XXXXXXXX
XXXXX MUTUAL AUTO INS CO has referred this claim to XXXDebt Collecting Agency. Based on a review of all the documentation, XXXX AUTO INS CO believes that you are responsible for this claim.
Your failure to respond to this letter will indicate to us your unwillingness to deal with this claim in a responsible manner, and will only result in our increased efforts to collect this claim on our client’s behalf.
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this claim, or any portion thereof, this office will assume this claim is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the claim or obtain a copy of a judgment and mail you a copy of such judgment or verification. This office will provide with the name and address of the original creditor, if different from the current creditor, if requested in writing 30 days after receiving this notice
THIS IS AN ATTEMPT TO COLLECT A CLAIM.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THIS COMMUNICATION IS FROM A PROFESSIONAL DEBT COLLECTOR.
Please, help us compose a DEBT Validation letter to respond to the aforementioned CLAIM NOTICE received on April 20.2012.
I am need of some advice.
I in the mist of multiple moves and personal things missed one bill for 900 dollars now after 4 years it has come back to me as soon as i was made aware i went and made a payment on the debt. Now i have been summons to court saying i owe way more even though I have already made payments and it has been excepted by the creditor. Can this lawfirm garnish my wages? And what legal rights does this lawfirm have if i am still makeing payments and almost have it payed off.
Kristina,
If the letters came from the physician’s office then I would pay them. If you don’t understand what the bills are for then you should call the physician.
If the debt came from a collection agency then I would request validation of the debt. I would wait to see what their return letter says and go forward from there based on the info.
You can also choose to ignore the debt and it will most likely reflect on your credit report.
I received 2 letters dated 15th and 16th of a month. Both of them indicate my account with physician (that is a medical debt) but the sum of money I owe is different (469$ and 518$) account # are different too. both letters have the name of a creditor, address, and all the additional info, like 30 day period to notify them etc. What do I do? Should I still send validation letter? or just wait and see what happens? the sum of money I owe isn’t over 1000$.
I also tried calling 877-231-4384 and the only advice I got was – “Pay your bill”
Thank you
Hello and thank you for your educational website. I have been served with a STATEMENT OF CLAIM. I have 30 days to file a defense to the allegations made in the claim. I don’t even know what account they are talking about. How do I word myself with the courts regarding my issue. I had a credit card with the original creditor but I know we placed it in bankruptcy unless after the bankruptcy they gave us a new card.
Please help. Any suggestions will be appreciated,.
Question, I have been getting call from a Collection Agency in regards to payment on a phone bill from about 12-15 years ago. I know I closed my account with the phone co as I moved and no longer needed a land line. I never received anything from the phone co saying I owed them money and since that time Pac Bell is no longer in business. Also the amount that they say I owe keeps going up (they say its an account that can add intrest something like that) Any suggestions as to how I can get them off my back? I mean after this amount if time I no longer have any of my paperwork from when Iopened my account with pac bell.
Thanks!
Hi Debt Prison,
Great site you’ve got here.
My issue: harassment by collection agency that has my number because I agreed to be a “message phone” for a friend who has no phone when I took him to the ER. Problem IS NOT just the numerous and excessive calls (daily, up to 6 per day according to caller ID), but the fact that my friend qualified for financial hardship with the hospital and they also used my number to leave a message stating they received the hardship forms and his letter, and not to worry about the bill as it was adjusted off. Now, over a year later, I am getting several calls a day. After I relayed the message with the good news that he was not to worry as the hospital accepted the financial hardship request, I deleted the message (although I noted date and time of call from caller ID as well as phone number).
How can I stop the calls (I tried to block the # but they use other #s now)?
AND
Is it even legal for them to try to collect on a debt that was written off? (but perhaps sent to them in error)
Thanks much!
I’ve read that collections on behalf of a parking department don’t have to validate or follow normal FDCPA guidelines. Our local sheriff has outsourced their parking disputes to an out of state agency that has jumped the gun and sent a collection letter to me (at an old, wrong address) while I’m still attempting to dispute the ticket. I was really just trying to get my day in court but they make it impossible to do so and have gone directly to the collector, claiming I responded outside their vague deadline.
Can such an agency be forced to validate their debt? (California)
hello i have wriiten a letter of validation to a CA, but i did not have the complete account number so in the letter i wrote what i had for the acct# and also my full name. they wrote back with a letter stating they need more information to validate my request such as original crditors acct #, name of the original creditor and address. isnt is the CA responsiblity to show me proof of that information or atleast know about it. if they truly own the debt? so what do i need to do?
Hi, I was recently contacted by a “litigation” company that claims they will be taking further action and I should be expecting a summons soon for a payday loan that I didnt pay. When I asked for the address of their company they said that they could not give out that information for security reasons. I then asked for a mailing address and they again refused to give me one. The person I spoke to was insistant on me making a payment so that they could stop their “further actions” but when I asked if they could mail me something with the payment amount and arrangements they denied the request stating that they do not mail out letters because I could possibly alter the document and use it against them in court.
My question is does this company have the right to not give me their address or any address for me to contact them and second, can they refuse to send me anything in writing?
If there is a collection agency pursuing a debt and they show twice on your credit report with just one or two numbers added to account number is it best to send two seperate debt validation letters??? or just one with both account numbers????
I received a summons in Montgomery County, MD today with a trial date of 11/16/11. My Best Buy debt was sold to Asset Acceptance LLC. I have 15 days to file notice of Intention to Defend. Included in the summons is:
1. Military Service Affidavit saying I am not in the military.
2. Notice to Defendant Before Trial
3. Notice if Judgement is entered
4. Notification of Stay of Proceedings Under 50 USC App 521 and 522
5. Statement of Case
6. Affidavit of Account
7. An exhibit from Retail Services referencing Best Buy with the Summary Dates and charges (Looks like Retail Services sold this to Asset Acceptance)
8. An Interest Worksheet
Questions:
1. What should I state as my Explanation of Defense?
2. Should I send them a DV Letter now or wait and ask for proof of debt when I get to court?
3. Should I try to settle with them in advance of court?
4. SOL in MD is 3 yrs. On the exhibit there is a Due Date of 4/26/09. I believe the last activity on this account was prior to that date and could possibly be close to the SOL but I am not sure. Plan to send for Credit Report to see if that sheds some light.
Would very much appreciate your counsel. Could you send to my email?
I live in New York with a statute of limitations of 6-7 years, I received a letter from Debt Recovery 30 days ago, received my validation documents today in the mail and the debt is from 2002 for an old home phone. Since this debt is over the statute of limitations, can the still legally collect? What letter to do I send them next indicating that this debt is 9 years old? Funny thing is is that it isn’t showing on my credit report.
I been checking my credit report on zendough.com i check my credit today and it shows an account that was not there before… I NEVER received a bill from this company and now its been reported… How do i handle this….
PLEASE HELP