Letter from Lawyer

Discussion in 'Credit Talk' started by rebuild, Oct 15, 2006.

  1. rebuild

    rebuild New Member

    I got a letter from a local Lawyer for charged off Capital One. (it was just CO this year)

    I did a Google search on the Lawyers name and found he has taken a few to court, representing Cap1.

    Should I go ahead and send him the money before i get a summons?


    ps: Its been almost 2 months since I got the letter. ( i know it's too late to validate?)
     
  2. ontrack

    ontrack Well-Known Member

    Is there a question with whether the amount they are claiming is due, is actually accurate? Are all payments, fees, and interest accurately accounted for?

    It is not too late to validate, but technically they could still continue collection if you didn't request it within 30 days of receiving their first letter.

    Did that letter include your right to dispute and request validation?

    Also realize that the 30 days is from when you actually receive it, not from the date on the letter, and that failing to dispute within 30 days may not be used by any court as an admission that the debt is yours:

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
    "§ 809. Validation of debts [15 USC 1692g]
    ...
    (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "

    They might likely validate anyway, even if they say they don't have to, since if they sued without validation, you could still demand it thru discovery.
     

Share This Page