Hi, I am getting ready to send out validation letters to an attorney that is trying to collect 2 different charged off accounts...my question is do I send a validation letter also to Gulfstate and Midland (the companies that originally bought the charged off debts?) Are they usually able to validate? Also is there a problem with sending them this now that over 30 days have passed since they got the account and sent me the orginal letter. Thanks... fjh
Re: valid. advice Christi? cnswift? You send validation to collection agency, and dispute with the credit bureau. Fjh, Who is reporting these on your credit report? If it's the collection agency I would send them one, but if an attorney is contacting you I would send them one as well. However, an attorney and a collection agency can not BOTH own the debt. Only one person can legally (someone correct me if I'm wrong) "own" the debt, so they both can't be dunning you and reporting for it. Egads, what attorney? fjh, if you are being sued I recommend you speak to a qualified attorney about this. If they're not suing you yet, or are not about to sue you, send the validation letter to the Collection Agency. Generally, these letters are sent to the collection agency first, as it's considered best form to dispute the accuracy of the debt within 30 days of being notified of said debt. However, the law is very clear that taking longer than 30 days to send the letter does not mean you accept the debt as valid. If the collection account is already pretty old(1-2 years or more), I would recommend trying to dispute with the CRA first and see if the thing just falls off. If not, then go to the trouble of sending CRRR validation letters.
Re: valid. advice Christi? cnswift? Sorry about the double post....I accidentally hit the wrong button! Oh, now I am so nervous...I'm not sure what to do, this is a local attorney trying to collect on a gulfstate and midland chargeoff.....now I'm not sure what to do. Please help!!!! I really want to take care of this and I'm not sure now what to do, I posted before and was given the advice to "validate" because the lady was acting like she represented discover and the other credit card co. Oh, I've made such a mess of my credit, I'm not sure where to start!!!! fjh You send validation to collection agency, and dispute with the credit bureau. Fjh, Who is reporting these on your credit report? If it's the collection agency I would send them one, but if an attorney is contacting you I would send them one as well. However, an attorney and a collection agency can not BOTH own the debt. Only one person can legally (someone correct me if I'm wrong) "own" the debt, so they both can't be dunning you and reporting for it. Egads, what attorney? fjh, if you are being sued I recommend you speak to a qualified attorney about this. If they're not suing you yet, or are not about to sue you, send the validation letter to the Collection Agency. Generally, these letters are sent to the collection agency first, as it's considered best form to dispute the accuracy of the debt within 30 days of being notified of said debt. However, the law is very clear that taking longer than 30 days to send the letter does not mean you accept the debt as valid. If the collection account is already pretty old(1-2 years or more), I would recommend trying to dispute with the CRA first and see if the thing just falls off. If not, then go to the trouble of sending CRRR validation letters.
Re: valid. advice Christi? cnswift? FJH, Try to relax, collectors will NEVER sue you for unsecured debt - all you need to do is threaten them you will file bankruptsy. It's all just a sad game and they live to make pain for you. P.S. I'll be willing to bet that person is NOT a lawyer. -Sal
Re: valid. advice Christi? cnswift? Okay, thanks for all the advice...unfortunately this person is really a collector from a law firm. They already sent me a letter that threatened to take me to court if I didn't work something out with them. My concern is that they will really take me to court since they live in the same city/state as I do. Also, am I able to deal directly with midland or gulfstate direct since this person has been such a jerk...I'd rather not talk to her again. (Not that they were any better at Gulfstate). I am going to go ahead and send them the validation letter, it couldn't hurt I don't think? Then I will go from there....thanks again! fjh
Re: valid. advice Christi? cnswift? send them the validation. If they cannot validate ( prove that you owe the debt) then they are not going to be able to sue you either. in either case, just because it is a law firm does not mean that the collector is a lawyer. next time she calls, ask her specifically if she is an atty. ( i bet she is a paralegal at best). secondly, they want money, not a lawsuit. so even if they are able to validate, you will work out some type of arrangement before it gets that far. don't be nervous.
Re: valid. advice Christi? cnswift? Thanks so much everyone, I have the letters ready to go...should I send one for each of the accounts in separate envelopes or send them together? I know to send them certified w/ return receipt. fjh
