Is an Attorney a Collection Agent?

drdeleto · Jan 13, 2004

Some of the calls and letters I get are from Attorneys. The letter still says "attempt to collect a debt." Are they all the same? When requesting validation should these be handled with the same letter as when from a CA?

lbrown59 · Jan 14, 2004

Originally posted by drdeleto
Some of the calls and letters I get are from Attorneys. The letter still says "attempt to collect a debt." Are they all the same? When requesting validation should these be handled with the same letter as when from a CA?
:::::::::::::::::::::::::::::
FOR CAs OR Attorneys.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Here is the Validation Letter you want to send by CRRR.
Don't make any changes on it and don't hand sign it.

Your Name
Address
City State Zip

Company
Address
City State Zip

Date

RE: Account #_________/Original Creditorâ??s Name

Dear Sir/Madame:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,

Your Name don't sign

- - - Include the following on a separate sheet of paper - - -

CREDITOR DISCLOSURE STATEMENT

Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:

Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

Date_______/_______/_______

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Send this letter next if you don't get validation in 30 days.

Estoppel Letter
DON'T CHANGE
Send CRRR

Your Name
Address
Â«CityÂ», Â«StateÂ» Â«ZipÂ»

CompanyÂ»
Address
Â«CityÂ», Â«StateÂ» Â«ZipÂ»

Â«DateÂ»

RE: Dispute Letter of <insert date>

Dear Sir/Madame:

As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

What is your authorization of law for your collection of information?

What is your authorization of law for your collection of this alleged debt?

Please evidence your authorization to do business or operate in the state of ____________________ .

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following:

Defamation

Negligent Enablement of Identity Fraud

Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

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 Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,

Your Name DON'T SIGN

===================================

Click to expand...

drdeleto · Jan 14, 2004

Re: Re: Is an Attorney a Collection Agent?

Originally posted by lbrown59 Here is the Validation Letter you want to send by CRRR.
Don't make any changes on it and don't hand sign it.

Click to expand...

I take it once I get the return receipt I should dipute with the CRA's to see if they are going to try to verify a debt that's under dispute.

Many thanks,

Steve

lbrown59 · Jan 14, 2004

Re: Re: Re: Is an Attorney a Collection Agent?

Originally posted by drdeleto
I take it once I get the return receipt I should dipute with the CRA's to see if they are going to try to verify a debt that's under dispute.

Many thanks,

Steve
Click to expand...

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