"Federal law gives you the right to verify any debt you feel is not valid. The collection agency, when notifying you in writing of a debt owed, must include in the notice 'the amount of the debt, the name of the creditor to whom the bill is owed, and a satetment that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion of the debt, it will be assumed to be valid by the debt collector.' That means you have no recourse if you don't dispute the written request. No response indicates that the bill is in fact owed. However, if you notify the collection agency within 30 days that you are disputing the bill, the collection agency must provide you a verification of the debt and any documentation indicating the debt is owed. During the time before the debt is verified by the collection agency, it can undertake no further collection procedures. Remember, any written correspondence should be sent by certified mail with a return receipt." Information taken from: The insiders guide to managing your credit. how to establish, maintain, repair, and protect your credit. BY: Deborah McNaughton
Re: Your Right to Verify the D Lizard, I appreciate your comment, although I was merely citing a book that I had bought. I just thought I was being helpful to those who have posted on validation and verification today. Erica
Re: Your Right to Verify the D I think that I knew that, but when you said it, it all became clearer. Thank you. Erica
Re: Your Right to Verify the D Ok so which one is correct? If you do not request validation within the 30 days do you lose this right or not?
Re: Your Right to Verify the D Author: lizardking (dt031nb9.tampabay.rr.com) Date: 04-24-01 19:41 I know Erica, I simply wanted to clarify one small part of what you wrote. I actually disagree with one part you copied from that book. "That means you have no recourse if you don't dispute the written request. " That is actually false. You have lost no rights by ignoring them beyond the 30 days. They are still bound by the FDCPA and have to validate if you demand it 5 years later.
Re: Your Right to Verify the D Lizardking or Erica Does that mean that the creditor also has the same right not to answer? I am only asking because I have written several validation requests to a law group in Tulsa all certified/RR it has been several months they have never responded other than to send me another form letter that makes no mention of offering to validate the debt. I received another one today. I do have all my RR. Thanks TML
Re: Your Right to Verify the D TML, I'm not sure what to do next, but they have obviously ignored you. Maybe you should talk to your local legal aid chapter and see what they have to say. I'm sorry that I couldn't be of more assistance. Erica
Re: Your Right to Verify the D I have sent many requests for validation and to date have not had one even acknowledged other than the return of the receipt showing they received my request.
Re: Your Right to Verify the D No need to be sorry Erica I am just glad to have you guys here....I don't post much because I am trying to learn.....I sent a request to an atty who never responded and simply served me with a summons and I have found an attorney to answer the complaint so I just have to go with the flow and take each day as it comes. I want to make it clear to eveyone that I sent the validation letter to the atty on my own long before I found this board and am in no way saying it is this boards fault for any validation letter I have sent to date. I will say I have not had the guts to use the validation letters posted here, I have tried to keep my requests very simple. In the case of the Tulsa Law Group I admit I am at a loss how to proceed and probably will use one of the validation letters posted here with quite a bit of modification (toning down) ho!ho! Again many thanks Erica.........tml
TML Are you saying that the collection agency continued to send you letters AFTER you send the validation request??????? It very clearly states in the FDCPA that during the 30 day period following a validation request all collection attempts MUST CEASE... until they validate. Do you have their letters??? That's a slam dunk if you have your little green return receipt from the post office... They've given you the nail in their coffin. AND, to add insult upon injury, they haven't even validated the debt. If you have that proof, I'd just file a lawsuit. Small claims court is the court of the people. Have your ducks in a row and do it.
Re: TML Re: Your Right to Verify the D Author: lizardking (dt031nb9.tampabay.rr.com) Date: 04-24-01 20:06 Your rights under the FDCPA are still intact. You may still demand validation at any time and the collection agency is still bound by the rules of the FDCPA and the FCRA.----------------------- Reply To Message ======The only way you would ever have to pay any thing is if they take you to court & win: They can't just walk into court and say hay judge he owes us 10 zillion DOLLARS make him pay! The're going to have to prove the claim {IE VALIDATE} before the judge makes a ruling: There is no question they have to validate either before going to court or in court!!! lb. I,ve sued in court many a time and never once won a case with out validating: Does this answer every ones question on this posting concerning validating??lb
Your Right to Verify the D You can use all the validation letters you want, even deliver them with a Ryder Truck Loaded with ANFO just to be sure they "get the message" but if you don't know what to do in situations like the one you are describing and others, then you are not even going to get zip for your efforts. Validation letters are nothing more than a tool and I'm quite sure you would not try to build a rocket with only one tool in your toolbox because you would come to grief before you ever got started. No matter how many validation letters you have to pick from, they are worthless if you don't have the kowledge and the skill to back them up. Validation letters are about like a single shot rifle. Once you pull the trigger and the bullet is gone, it's all over. Either for you or for the rabbit. If the rabbit keeps on running and you don't know what to do next, he's home free. Bill Bauer
