Okay, I started my dispute process with the general "not mine" letter, and the CRA came back and verified the information. Now the CA has sent me a bill in the mail. What is my next step if any?
First, take a few deep breaths, and relax. Did you read the major posts on Validation? Did you receive anything in writing from the CA before? Did you request validation from the CA before? Approx how much is the alleged debt? Approx how old is the alleged debt? What state are you in? What state were you in when the alleged account was opened? Depending on the answers to these questions, you may have a lot more reading to do. And, depending on the other questions, you can decide what actions you need to take; as well as what actions the CA may be able to, or willing to try to take against you. You need to calculate the possibility of them trying to sue you based on the age of the account (the older the least likely - and if its past SOL you have a firm defense if they try to sue you); the amount of the account (the more that the account is for, the more likely); where is this CA (if they're local its more likely, but not absolute, they're just not going to need to spend as much to try to sue you, hiring a local lawyer, possibly flying to your location to appear, etc.) If you haven't requested validation, that is the first step; there is some dispute as to whether or not the verification should always be done prior to the dispute with the CRAs. People have extreemely strong opinions on both sides of this... The good news, unless the CRA that verified is Experian, chances are you can re-dispute the account after you know that the CA received the validation request. Experian is strict as to re-disputing an account once it has been verified.
The amount of the medical debt is about $400.00 (ambulance) I was in Florida when I incurred the debt, about 4 years ago. I live in Georgia now. I have not sent a validation letter to the CA.
...more information Also, I have NEVER received anything in writing from this CA before. All they basically sent me was a slip saying pay this amount, we accept Visa, MC, AE, send payment in the enclosed envelope. What do you think???
#1) you were in the state of florida when they allege that you incurred the debt... never admit to anything in any, way, shape, or form, until you have seen concrete proof that it is valid, accurate, and legal. Did this note include anything remotely like either of the following two things... if you notify us in writing within 30 days we will obtain verification of the debt, or judgement; and/or the name and address of the creditor. * required on the first correspondence (or within 5 days of first correspondence). 809 notice. (this will most likely be a lot longer than this, but if this much matches closely, it is probably compliant.) this communication is from a debt collector, any information obtained will be used for that purpose. * required on all correspondence. 807(11) notice. If you look up the FDCPA you can go to those sections to see the complete text for those sections so that you know exactly what they mean. If either of these texts are missing from their first letter, they are violating the FDCPA. Emphasize from my first post, read all of the major threads on validation...
thanks for the info- I have not sent any correspondence to the company- I was about to send a "nutcase validation" letter. I don't recall the "mini-miranda" on the notice. What should I say to the CA if the info is missing?
The "bill" that was sent to me included the "mini miranda". I sent a validation request via certified mail. Awaiting the reply.
If you are just trying to avoid the bad mark on your credit, offer settlement in exchange for deletion. Of course, thats assuming its yours in the first place and you want to pay it off. There are some good threads and letters for settlement in exchange for delection (do search). Good luck.
quetta | 35 posts since Nov 2003 65.196.134.15 | 12.31.2003 @ 09:01 1*So just "let it ride" so to speak.Basically, say nothing? I just want to be sure. http://www.justsaywow.com/newfun4/mooyear.cfm ========================= Yes for the moment. ..
