Need help please, OC chargeoff

Demand validation. The OC isn't required to validate.
Check at www.lawdog.com {click on state statutes} and see if the ca is operating legally in your state.

 

Is a debt to an illegal enterprise enforceable?

 

1*Should I request full validation of this "alleged" debt with the Attorney's....and THEN
2* file a dispute with the OC?
Any and All input.....I would absolutely LOVE!!! If I should send a validation letter to the Attorneys,
3*it should probably happen tomorrow...to be within the 30 days they aloted in their letter.
nukemyTLs
-------------------------------- ---------- - - - - - - __________-------------------
1*Only way to fly.
2*this is done after they Get your val. LETTER.
3*They have 30 days not you.
THE END ** *** ** LB 59
""""```--~~~~~~~~~--```'""'''

 

What did the letter say? Was it a summons? Or was is a scare letter? They still have to validate b4 they get a judgment against you, and that must come from the CA; they need to get it from the OC.

That 30 day thing you mention; did they send you a letter stating something like "unless you dispute this ....blah blah blah...w/i 30days, we will assume the debt is valid."??? That must be on the letter, and so must the mini-miranda; "This is an attempt to collect a debt...."

It sounds like you just rcvd a 1st round letter asking you to pay the alleged debt. Do not admit anything. If that's what is it, send out a validation letter CRRR. They must comply with that per FDCPA and validate it. If they send you another notice after they rcv your vald letter, (and they probably will) that is continued collection activity and $1000 violation because you are disputing the debt. That can work to your benefit as leverage to get your debt reduced. I am not sure though if filing a judgment during a dispute is continued collection activity. There is an opinion letter about that I am trying to find.

Has this account from the CA hit your credit reports yet?

 

And do not talk to them on the phone...EVER! All correspondence should be via postal mail so it is all in writing. They will probably deny it but the attornies are DEBT COLLECTORS. No question about it.

 

• 
  I second what tonyd said. Just to make few things more clear ...
  
  1. The 30 days you mentioned.
  
  • [color=0066FF]§ 809. Validation of debts
    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;[/color]
    
    --- and ---
    
    [color=0066FF]§ 809. Validation of debts
    (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. [/color]
  So, according to subsection (a)(3) they could assume the debt is valid. Notice the word "assume". The subsection (c) clearly states that even if you don't dispute (and they assume) it doesn't mean you admit any liability.
  
  
  2. Dispute it with the CA. Send them a letter like this:
  
  • [color=0066FF]«Your Name»
    «Address1»
    «Address2»
    «City», «State» «Zip»
    
    «Company»
    «Address1»
    «Address2»
    «City», «State» «Zip»
    
    «Date»
    
    
    Dear Sir/Madame:
    
    I am writing in response to your letter dated [insert date] [copy enclosed]. This is the first letter I have received from you on this matter.
    
    I do not believe that I owe what you claim I owe, and I request that you please do the following:
    
    1. Tell me what this money that you say I owe is for.
    2. Show me how you calculated what you say I owe.
    3. Give me copies of any papers that show I agreed to pay what you say I owe.
    4. Show me that you are licensed in my state, and give me your license number.
    5. Stop contacting me by phone about this or any other matter you have, except to provide me with proof that I owe what you say I owe. Should your office find it necessary to communicate with me regarding any activity on this account, please do so in writing at the address above.
    
    I demand that you also send a copy of this dispute to the company that you say I owe money to, so that they do not report this on my credit report.
    
    I further demand that if you have reported me to a credit reporting company, you tell them that I do not agree with this debt.
    
    
    Sincerely,
    
    «Signature»
    «Your Name»[/color]
  
  This way you dispute the debt and tell them to cease and desist all communications with you, but by mail - you'll have everything they say in writing and noone will bother you over the phone. According to FDCPA § 805 (c) if they call you after you get the GC, it's a $1,000 violation.
  
  
  3. About the letter you received - is there anything on the envelope indicating this is a debt collection related? If yes, according to FDCPA § 804 (5) this is another $1,000 violation. You may post the letter here - we could find some other holes worth $1,000.
  
  
  4. About your addiction - this is how I got stuck here ... it's the best addiction I've ever had ...