please help.......there is a ca that is not reporting on my cr BUT we are going to court.....they haven't provided validation at all and they told me if i respond after thirty days that they do not have to. It seems like every where i turn......they have their pathway clear of any mistakes!!!! what can one do? PLEASE HELP!!!!!!!
well, i do know you can request validation at any time - not just within the inital 30 days. hopefully you've corresponded via writing w/CRRR. this way when you go into court you can state this to the judge.
-Ok you drew me in. -JENZ you are right....BUT let me pose this question. what can you do if they dont reply ?
yeah, they are suing me........which is crazy..............the ca rep basically told me that validation after thirty days means that they do not have to validate AT ALL.......and if i wanted validation all that bad.........he would send a computer print out.........which i know isn't validation. any help would be appreciated.....
THE DEBT COLLECTOR IS RIGHT ON! -The "validation/verification" right of the consumer "...runs from the date of receipt of the notice of validation rights by consumer and is not extended by the collectors subsequent action." -NCLC FDCPA 5.7.3.1 / Woosley & Miller FTC letters -EVEN if the debt collector sends REPEATED validation notices, IT DOES NOT RESTART the validation period. -Woosley & Miller FTC opinion letter -In other words, the 30 day validation period BEGINS after the consumer receives the INITIAL contact with the collector in which the validation notice was contained, and runs for 30 days. THEN "*EXPIRES". (*a consumer can request validation at anytime, however, any "effective" protection of the validation right is UNAVAILABLE outside the validation period) -IF the consumer sends a request for "validation/verification" BEFORE or AFTER the "validation period", THE DEBT COLLECTOR IS NOT REQUIRED TO COMPLY WITH FDCPA 809 (b)-(cease collection activity). -They do however, have to report the account as disputed to the reporting agency if they report it after reciept of ANY validaiton request, expired or not. This ALSO applies to ORAL DISPUTES- FDCPA 807 (8) http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807
If they won't provide "validation" now, yet they are suing you, what do they expect to show the judge?
Re: Re: This Is Really Bugging Me They can show the judge anything they want if you don't send them a set of interrogatories demanding all documentation on the account. If you send a set of interrogatories and they don't answer them, the information becomes hearsay and you can ask the court not ot consider it. Flyingifr can explain this better than I can.
Re: Re: This Is Really Bugging Me Not if its small claims court They can present all kinda of documents as hearsay. And to answer te question, they can show the judge the same "validation" you requested They did not send it to you becuase the didnt have to.
Re: Re: This Is Really Bugging Me hding90.....thanks for your response and everyone else response...however i must point out i never said that i DID NOT send validation within the first thirty days...i said that the CA said that if i sent it after the thirty days that they do not have to validate. They claim they never received it........BUT i sent it ........and have a COPY of the green card to prove it. Now will the copy of the green card hold up in court? I don't know....it has been a while since the DV and the Post office doesn't have the info online anymore.....so we shall see.
Re: Re: This Is Really Bugging Me "But suing you is not collection activity. It is a lawsuit. They can file a lawsuit against you anytime they want. I believe the only restriction is that the CA cannot sue you within the 30 day time period. " -Seeking judgmentduring the vallidation period CAN be a violation.
Re: Re: This Is Really Bugging Me actually this has been going on a long time........so let me understand this.......even if they haven't provided validation.......they can still sue? why would that not be considered continued collection activity? In my mind i am thinking that they didn't provided validation...so how can they collect? this is state court.........so they basically will put us in front of a mediator first and then if nothing comes of the situation.......then a judge will step in? From the form i received it looks as if it will be heard right off the bat to the judge........or do they not tell you about the mediation thing until you get there?
Re: Re: This Is Really Bugging Me -BUT SUING you during the 30 days validaiton period may not be a violation, as long as the court date IS NOT during the validation period. Spears V Brennan- "Brennan violated 15 U.S.C. § 1692g(b) when he failed to cease collection of the debt by obtaining a default judgment against Spears after Spears had notified Brennan in writing that he was disputing the debt but before Brennan had mailed verification of the debt to Spears" http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=in&vol=app\03260101.ewn&invol=2
Re: Re: This Is Really Bugging Me lizardking...............actually they have sent numerous dunning letters after the fact (regarding validation)........but would a photocopy of the green card hold up? I would think so...the tracking number is showing perfectly on the copy...signature....everything. so you mean to tell me that even if i said i once had an account with the OC........the judge wouldn't rule in their favor (CA)? they would still have to prove from day one to day 53 of how they somehow came up with the amount they did? thanks for any help
Re: Re: This Is Really Bugging Me "this is state court.........so they basically will put us in front of a mediator first and then if nothing comes of the situation.......then a judge will step in?" -Depends on the court. If it is small claims court, then the judge may "suggest" mediation, but the point of court is a judge -From the form i received it looks as if it will be heard right off the bat to the judge........or do they not tell you about the mediation thing until you get there?" -If it is "State" court, Superior for example, then they will have an attorney. THIS IS BAD!
Re: Re: This Is Really Bugging Me "actually they have sent numerous dunning letters after the fact (regarding validation)." -Ok hold a sec. DID YOU IN FACT SEND A REQUEST FOR VALIDATION IN THE 30 DAYS FOLLOWING THE INITIAL COMMUNICATION WITH THE DEBT COLLECTOR IN WHICH THEY HAD THE VALIDATION NOTICE CONTAINED??? -IF this is the case, then ONCE THEY RECEIVE the request for validation, they must cease collection efforts until they send you the requested verification. -THEY CAN SUE YOU DURING THIS TIME THOUGH. -BUT, the further collection efforts (the numerous dunning letters you speak of) would be a violation of FDCPA 809 (b) IF THEY HAD NOT SENT YOU ANYTHING. "but would a photocopy of the green card hold up? I would think so...the tracking number is showing perfectly on the copy...signature....everything" -Where is the original?? -Does the post office's website only hold info for a limited amount of time?? "so you mean to tell me that even if i said i once had an account with the OC........the judge wouldn't rule in their favor (CA)?" -WHO OWNES THE ACCOUNT?? "they would still have to prove from day one to day 53 of how they somehow came up with the amount they did?" -NO, this only proves or disproves any claim of "errors" etc in the debt. YOUR NAME AND INDENTIFYING INFO is enought to prove LIABILITY of the debt.
Re: Re: Re: This Is Really Bugging Me "-If it is "State" court, Superior for example, then they will have an attorney. THIS IS BAD! " -Bad UNLESS YOU ARE A LAWYER TOO -Judges do not give much "benefit of the doubt" to unrepresented consumers in "big boy" court as they do in small claims court. -Does the summons say "PLAINTIFF" and "represented by" then list an attorney's name ?? -And WHO ownes the account?
