My DH has a $6K charged off account with Citibank. He sent a DV to a local collections attorney and he responded with an affidavit from Citibank claiming they had "knowledge" of the debt. They also listed my DH as the defendant and referred to a "lawsuit" although no summons has been served. We owe the debt and it's within SOL. My DH has been out of work for 2 years and we're just getting back on our feet. We're refinancing our house again and will have some money for a settlement...What is the best way to proceed with this?
If you are interested in proposing a settlement, remember the CA paid probably about 1% of the $6k or $60. They consider a successful transaction if they recover 3-4x that amount. I would propose a settlement in exchange for TL deletion. IOW, you don't admit the debt is valid, you want a TL deletion, the CA is accepting payment in FULL ACCORD AND SATISFACTION & they agree to do so in exchange for a payment. Put everything in writing, perhaps have a knowledgeable atty draw up the settlement agreement. The problems with a faulty settlement is the CA accepts a partial pmt, re-ages the debt which negatively impacts your credit rating, then either sells the debt to another CA who will attempt to collect the remainder themselves.
And why are they sending you this affidavit instead of something that is more than their say-so. You could respond with an affidavit that says that you don't recall this debt. You of course would be happy to discuss the matter if they had something, other than their say-so, that proves the existence and amount of a debt that you are obligated to pay.
Re: Re: Affidavit Response to Validation Jam, I'm encouraged by the comments here, especially yours. I was told by a very respected poster (Towerrat) over at AOC to call the collections attorney "beg for forgiveness and a settlement." Another poster said that most likely a lawsuit has already been filed, even though my DH hasn't been served...I don't know what to think, so I'm trying to come up with a stall strategy, since we don't have the $$ right now to settle. We are refinancing... So, would you recommend sending another "this is not validation" letter? Many thanks...Susanna
Re: Re: Affidavit Response to Validation It just seems that both the lawyer, and client decided to try to take the easy way out. It's too time consuming to validate, so type up a quick aff. which claims that you have allegedly have knowledge of the alleged existance of the alleged account. Does their alleged knowledge provide documentation to substantiate the validity of the account in all of the required areas. http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm i.e. does it provide proof that the DH is the true responsible party of the alleged account, *AND* that the amount of the alleged account is 100% complete, accurate, and verifiable, with no charges that are not provided for by the alleged contract or agreement creating said account, or the laws of your state. While the aff. of their alleged knowledge of the fact that they claim that DH is the consumer who the creditor claims is the debtor, it doesn't provide anything to provide proof that the amount of the debt is complete, accurate, and verifiable, and without any fees which are not provided for under the contract, agreeement, or your states laws.
Re: Re: Affidavit Response to Validation This is exactly why courts have ruled that a letter from an attorney is a direct 'threat' of legal action, were the letters from the attorney personally signed by said attorney? You want to check with all local courts (magistrate/small claims court; all the way up) to check to see if they have filed a case against DH, and not attempted to serve him on it, yet. There is a chance that they are using those specific verbiages to enhance the seriousness of the 'threat' of legal action.
Re: Re: Affidavit Response to Validation *************** GET THE BASICS HERE. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ***************** >1*. I was told by a very respected poster (Towerrat) over at AOC to call the collections attorney "beg for forgiveness and a settlement." 2*Another poster said that most likely a lawsuit has already been filed, even though my DH hasn't been served... susanna | ================= 1*respected & knowledgeable aren't always synonymous. 2*If they didn't it's a $1000 violation
Re: Re: Affidavit Response to Validation Jam, yes, someone from the law firm signed the letter (this is the second one we've rec'd). My DH checked with the courts this morning and no lawsuit has been filed. Here's a draft of a letter we're thinking of sending. Please let me know what you think... In response to your letter dated August 9, 2004 I am contacting you to advise you that I have previously exercised my debt validation rights under Federal Law, and your company as of yet has not obtained and mailed the required documentation for this account. Your companyâ??s communication dated August 9, 2004 is in no way validation of any debt. It is an unsubstantiated statement from an unknown person who has not demonstrated any first-hand knowledge of this alleged debt, nor provided any proof that it was incurred or owed by me. Therefore, any collection activity until that validation has been obtained and mailed by your company is illiegal under Federal Law, including your companyâ??s communication dated August 9, 2004 , and each said violations are subject to civil damages of up to $1,000 each. Enclosed please find a copy of the original letter, and the green card providing that your offices received said letter at pm on date Documents that I asked for and did not receive: 1. A copy of the original contract that has my signature on it. 2. Any and all documents detailing the accounting of this alleged debt (from inception to current date). You are in violation of FDCPA Section 809(b). Your letter dated August 9, 2004 is continued collection activity. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This is not a statement, election, or waiver of status. Best regards,
Re: Re: Affidavit Response to Validation The best part of your original validation request, is that in no way can it be considered 'unreasonable', as some of the form letters which request everything imaginable, and only a few of them are relevant. Everything that you requested is directly related to the two things which even the Federal Trade Commission's expert opinion on the Fair Debt Collection Practices Act emphasizes that is the true purpose of validation. The letter sounds good to me, hopefully some others will have opinions on it as well. The reason for asking whether the letters from the attorney were signed, is that if the letters were either facsimile signed, or unsigned, the attorney has an uphill battle to prove that they had personally reviewed their clients case, before sending the communication that they sent to your DH.
