If I'm sending a letter to a CA, and I want it notarized by the notary public( so CA can't come back and claim I sent them a black sheet of paper), can I still send it CRRR? Or does the notary public just place the seal on the ltr, then seal up the ltr in an envelope and mail it her/himself? Do post offices have notaries on hand?
They would have to mail it themselves, or go with you to the POST OFFICE... MOST CA'S DON'T ACCEPT CERTIFIED R/R... Why, I don't know...if it had a payment...it would be STUPID to refuse it!!!
Guess I'll have to call the PO tomorrow, see if they have a notary on board. -As far as most CA's not signing, I could always send it delivery confirmation, that way they don't need to sign and I have proof they got it. Or I could always write something about payment on front
You're not the first to ask this, but here's why you don't have to worry about it: A notary public's job is to make sure that you are the person who signed the document, hence a "notarized signature." (Of course you know all of this, but allow me some pedantic leeway, lol.) When you send that notarized document via certified mail you retain a receipt postmarked with the date of mailing. Finally, you receive the green card back which confirms delivery. Now, all of that said, what would be your motivation for sending a blank sheet of paper? I'll suggest that you would have ZERO motivation for sending a blank sheet; rather, it only makes sense that you would have sent the notarized document because of the benefits that would accrue: 1) Debt collection must stop until the debt is validated. 2) The collector must notify the CRAs that the obligation is disputed. 3) ...and the rest of your rights guaranteed by the FDCPA. So... you would be hard pressed to find a judge who would believe any collector who would allege that you sent a blank sheet of paper SINCE THE CONSUMER WOULD BE AT A HORRIBLE DISADVANTAGE HAD THAT OCCURRED. Imagine this conversation: Judge: The plaintiff sent the request for validation, but you continued your collection attempts, and you did not inform the credit reporting agencies, pursuant to FDCPA requirements? Collector: Well, I never received the validation request. Judge: But the plaintiff exhibits several items here -- a copy of the notarized letter, a certified mail receipt, and a confirmation of delivery. Collector: Well, he only sent me a blank sheet. Judge: Why would he do that instead of simply sending you the validation? What would be the advantage to him of sending you a blank sheet? Collector: I can't speculate regarding the plaintiff's motivation. Judge: [thinking, "yeah, right"] Any CA who attempted to deny receipt of a validation letter despite a clear paper trail would certainly trash his credibility before the court and almost guarantee you a judgment. No judge likes to be lied to, especially when the lie makes absolutely no sense whatsoever. I hope this little essay was helpful. Doc P.S. Post offices do not notarize documents for customers. However you don't need that, per the little rant above, lol. Second P.S. Same logic applies for any notarized letter sent to a CA -- i.e., not just a validation -- where the consumer would enjoy a distinct advantage for sending the letter rather than a blank sheet.
Okay, so If I got this straight... you can either send a letter notarized via regular mail, OR you can send the estoppel ltr via CRRR, sans notarization, correct? I understand your point Doc about a CA's attempt at using the defense that I sent a blank sheet of paper, but hey, we all know what CA's are like.
If you're NOT going to sign the document, then you can't get it notarized. Again, a notary public's job is simply to witness your signature and to document that it's really you. For unpaid accounts in collections, you probably should NOT sign the document. Regardless of how you choose to proceed vis-a-vis signing or not, you should ALWAYS send the correspondence via certified mail with return-receipt requested. As for their claiming to have received a blank sheet of paper, again, if you have a paper trail (certified mail receipt plus return-receipt confirming delivery), that excuse would make absolutely no sense. We do know what CA's are like, but that particular excuse ("he sent a blank piece of paper") simply would hold no weight with a judge who would understand that it would not do anything for you to have sent a blank piece of paper. Doc
Thanks Doc. Tomorrow marks 30 days, sending it out then, CRRR. I'm just going to remove the last line in the ltr and not use a notary.
Bring in 2 witness' when you mail it who are willing to sign affadavits that you sent what you sent or videotape the mailing
I don't have a videocam so I can't videotape it. As far as bringing in 2 witness'; they would just have to sign an affadavit IF I had to file against them in court, correct? -Not that I think it'll go that far. I'm sending them copies of proof I have that validation was requested and they just never bothered to respond and continued collection efforts. They also dated their ltr 11 days before they actually placed it in the mail. Guess the closest mailbox from their office was 11 days away.
You noted a Mr Cooke on some advice you gave me on deleting charge-offs . Do you have a number or some way to get ahold of him. When you said work out a deal do you mean deleting it off ? Toolhound
