may be sued

The golden rule to follow when dealing with a CA is: NEVER SPEAK TO THEM ON THE PHONE!!

First step is to send a letter of validation to the collection agency. The gist of the letter should be that you are puzzled as to why you have been dunned, you do not recognize the debt or the amount, and the CA needs to do provide you with proof that you are obligated to pay them through some contractual provision, and then to provide you with an itemized breakdown of what they claim you allegedly owe.

Include also in the letter, to hereafter contact you ONLY IN WRITING, and never on the phone. They must honor that, per Fair Debt Collection Practices Act.

There is a letter in the Sample Letters section on this board ... look it up.

Send this letter Certified Mail, Return Receipt Requested. Expensive, yes, but VITALLY important that you need proof that the collection agency received your request on xxxx date.

Once they receive this letter, they are supposed to honor your request to contact in writing only, and stop all collection efforts until they provided you competent validation. And that includes practically any activity other than providing you validation. Like listing this debt on your report (if it's not already there), or contacting you on phone again, or talking to anyone else other than you about this alleged debt, etc. Every such violation incurs statutory damages of $1000.

The term "statutory" means that, to collect those damages, you only need to prove that the act occurred, not that you were damaged by the act. Sort of like when you speed, and you got caught, you got to pay the ticket. It is no defense to claim that there's no other car on the road!

That's the gist of the approach in dealing with the collection agency. It presumes that you are not averse to going to court, and unless you steel yourself to this possibility, you are going to lose. You need to get a litigous mindset.

And yeah, YOU NEED to read all the introductory posts on this board if you haven't already ...

 

Doa search under my screen name for "Understanding the Collection Agency" Parts 1 and 2, "Making Yourself Judgement proof" and "Turninga suit into a settlement". These threads will answer a lot of your questions and, more importantly, assuage a lot of your fears and concerns

 

What credit card has charged it off in two months?

 

Dictionary of abbreviations, terms, etc used here on credit net.

Creditnet Glossary

http://consumers.creditnet.com/stra...php?s=&threadid=19921&perpage=90&pagenumber=1


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but have you read all of this????


*****NEW MEMBER MUST READS***** 12-25-3

What is Validation
http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation

*** Victims of Credit Reporting ***
http://members.aol.com/victcrdrpt/Score.html

Rule of 72
http://consumers.creditnet.com/stra...=&threadid=39313&highlight=rule+AND+of+AND+72

Must SEE---------------------------
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770

http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910

http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826
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FixYourOwnCredit! http://consumers.creditnet.com/stra...848&highlight=fix+AND+your+AND+own+AND+credit
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Sample letters
http://consumers.creditnet.com/straighttalk/board/index.php?s=WhyChats statute of limitations http://community-2.webtv.net/Y-chat...ity-2.webtv.net/Y-chat/WhyChatsCredit/statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp""""```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59""""```--~~~~~~~~~--```'""'''

 

There is a letter in the Sample Letters section on this board ... look it up.
lakpr
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No need to do that here it is


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.
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