About 40 days ago, i fired off a validation and cese/desist (phone calls) to a collector on a $650 debt (wrong anmount). I asked for validation and even asked them to provide prrof they are registered in my state (they are not, it is a requirement). Two days ago they sent me a copy of a form that their office had sent to the OC, asking the OC to "initial" the amounts that the CA had been authorized to attempt to collect. Is this validation? I don't think so. My plan is to send another return-receipt letter with my original letter and copies of their original communications back to them stating they have not compied nor have they validated the debt. Where is the original contract? I'll copy all my original requests from them. At this point, since they are not registered in my state, should I also forward all communication to my state attorney general's office and ask them to examine this? Should I hire a local attorney and sue them for violating my state's statutes? Or, should I sue them myself in my distrcit's small claims court for the amount the law allows for violating the state statute requiring a debt collector be registered in my state? Thanks.
No, this is not full and proper validation. They need to prove that first, you are the correct person who is legally liable for this debt, and two, that the amount is correct, and indeed owed. It is a standard practice to contact the OC for the evidence, but initialing the CA statment is not sufficient. Review the case of Brennan vs. Spears, where the court outlined what is full and proper validation. Also read some of the "opinion letters" posted on the FTC website regarding validation. It all comes down to what your goal is, do you just want this to go away? Or do you want to make some money? Going to court is always a risk, so be prepared. It takes a lot of research and work, and you must become familiar with the legal system. I would recommend taking the case to small claims, your dollar amount is limited, but attorneys are not allowed to present. So, your chances of winning are better in small claims, but your award will be less also.
Did you request validation from the CA within 30 days from their initial communication? If so, you must allow them a reasonable time to validate. Also, unless they are taking some type of further collection activity, they do not have to validate. If you didn't request validation in the prescribed time period, you have nothing at least under the FDCPA. You may under your state provisions if applicable. The bigger claim is to see whether the CA has marked their account tradeline as being under dispute (if they are reporting). As far as your jurisdictions licensing requirements, make sure that you have a private cause of action under it. If not, you can't sue them pursuant to it insofar as it would be like HIPPA with only administrative enforcement. If you do decide to litigate, I would recommend at least you state's trial level court (Circuit, District, etc.).
