Validation Question

If they didn't give any documentation, I would advise them that they are in violation of the Fair Debts Collection Practices Act, which requires that all collection activity must cease until their client provides the previously requested documentation.

Any future communications before the receipt of the documentation requested in the validation request, as well as the communication which you just received, will be prosecutted to the fullest extent allowed by the Fair Debts Collection Practices Act, including litigation for damages in the amount of up to $1,000.00 per illegal communication, plus all of your legal fees and court costs associated with the successful suit to recover said damages.

You have up to ONE YEAR from the date of the violation to initiate said proceedings, so you could either send a warning letter now, or continue with the 30 day, 60 day, etc validation letters (both to the CA, and their attorney); and let them keep building the cash value of your suit against them.

 

Actually, it sounds to me like they might have passed this off to another CA. You may have to send another validation letter to the new CA. I'm a newbie, but that's what is seems like to me.

 

1*They sold it to Sherman Acquisitions who placed the acct. with LP. They contacted me last mth by letter & telephone.
1*I sent validation ltr on 8/27. I received no reply...only a letter on 9/25, 3 days short
2* Which would be an appropriate letter to send (Frederick J Hanna & Assoc.).
3*As of yesterday, nothing has shown up on my credit report from Sherman.
I'm not sure how long that takes.
4*I think i'm suppose to send an estoppel letter to them, LOL.
5*I ran into a thread yesterday entertaining that subject between creditnet and another individual...so i'm not sure if i should even send one. The last comment i read stated that it really didn't matter....an estoppel of silence had not been used successful in court.
6*Supposedly there are only 4 acts of God that will stop a Summary Judgment. I guess you show up if they do file, and if they are successful, come back to court to vacate Judgment because of the violations the CR and hopefully the attorney will make and hope for the best.
BJM2994
=====================
1*I think Alegis Group and Sherman are one and the same. Was the letter you got a collection letter? If it was this is a 1000 dollar violation because they have not validated yet.
2*This one.
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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
3*It better not show up before they validate or you will have your 2nd. 1000 dollar violation on them.
4*You better be sending this to Sherman and it's no laughing matter.

DON'T CHANGE
Send CRRR

Your Name
Address
«City», «State» «Zip»

Company»
Address
«City», «State» «Zip»

«Date»

RE: Dispute Letter of <insert date>

Dear Sir/Madame:

As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:


Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

What is your authorization of law for your collection of information?

What is your authorization of law for your collection of this alleged debt?

Please evidence your authorization to do business or operate in the state of ____________________ .

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.


You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following:


Defamation

Negligent Enablement of Identity Fraud

Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,
Your Name DON'T SIGN

5*Believeing this is a good way to find your self in the situation you describe in #6.
6*come back to court to vacate Judgment because of the violations the CR and hopefully the attorney will make and hope for the best. You got this part all twisted up.
THE END ** *** ** LB 59
""""```--~~~~~~~~~--```'""'''

 

1*What are the sequence of events if the attorney files a judgment against me?
2*Sherman has one violation...within the validation period.
3* the Attorney (Hanna) pull my CR on 9/23.
BJM2994
===============
1*Neither a creditor attorney or any individual can file a judgment against anyone. Judgments have to come from an act of a court.
2* They did have one but now it's 2.
3*This is the 2 nd. violation.



THE END ** *** ** LB 59
""""```--~~~~~~~~~--```'""'''

 

What is the violation?

???

 

Re: Re: Validation Question

First, welcome to the board Barbara,

My point is that you need to understand what you're doing before you do anything. It's very easy to make a mistake, (ask Snakeman).

Take your time, read profusely and ask a lot of questions before you proceed. WE care about how successful you're going to be at dealing with this so our first item of advice is ALWAYS have a firm foundation under you prior to taking action. Don't just send letters off to these people that someone plasters on the board and says; here send this. lol

You need to know why.

The Estoppel letter above has nothing to do with your case.

Further, just because Sherman sent your file to an atty., does not a violation make. It is "continued COLLECTION activity" that creates the violation.

There are basic questions that need to be answered which I see no-one asking.

• When was the date of last activity?
• What state are/were you in?
• What does the letter from the atty. say?
• Are you sure Sherman's license to collect is up to speed in your state?
• Have there been other formal complaints against Sherman?
• What does the BBB have to say?
• Is the $600 "fee" included in the $2900, or is that in addition to?
• What does your contract say? Is that size of a "collection fee" permitted? In other words what's the default rate?
• What does your state law say about the "max" on collection fees?

Have you contemplated trying to make them a settlement offer in exchange for deletion?

Whatever you do you DO NOT want to just allow this go ahead and reduce to a judgement. Whoever told you that is an IDIOT!!! (and you can tell him I said so)

etc.

Sears is a difficult bunch, proceed carefully.



.

 

Re: Re: Validation Question

Well Barbara,

I don't know that you'll be able to escape this altogether.

Keep up the fight for a detailed statement of account with everything listed. That should buy some time. In the meantime, you'll need to be patient because you'll need to accumulate sold violations. This will give you some time to study hard anyway.

When the time is right you may need to ponder an agreement with them which is favorable to you.

See even if you do sue a CA for millions and win, it still doesn't make the debt go away.

I'll be thinking about it. Maybe some others have some input.

 

Re: Re: Validation Question

If you are still dealing with this, you should know that Frederick J Hanna & Associates had a FDCPA suit in Florida, they drag things out forever waiting on someone to drop the ball. Fortunately, the plaintiff won and Hanna was ordered to pay some $25,000 (+ or -) plus attorney fees of around $4500. Not sure which court but I found it on Pacer or Lexis one. It was in Panama City District court I think.

Watch them like a hawk, from what I can tell their practice is 98% debt collection and they seldom have validation.

Happy Thanksgiving

Brauson