How do I follow up a debt validation letter?

Question

To make a long story short, I got a letter in the mail from a law firm stating they purchased a "debt" of mine and were looking to collect on it. As this supposed debt is from almost 10 years ago I did some investigating, but cannot find any records stating I owned the account in question. I also researched the firm and found the BBB gave them an F overall grade and read many MANY complaints from people just like me stating they basically bully people in to paying debts whether they are theirs or not. I found a template online for a validation letter so I wrote them requesting they show proof that the debt belongs to me. In the letter I had requested the following:

• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• In addition, provide a copy of the original credit card application that has my signature on it;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect in my state; and
• Provide me with your license numbers and Registered Agent.

Just the other day I got a letter back from them and all it has on it is my name, address, the name of the card and the amount I owe and that they purchased the debt from a collection agency. Almost none of this is what I had requested nor does it show proof the debt is mine. What is the next step I should take outside of hiring a lawyer? Is there another kind of letter I can write to them? One that basically says you failed to provide any credible information showing this account is in fact mine and therefore all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately?

Thanks in advance for any info or help you can provide me.

Answer 1

The person who referenced what a paralegal stated is incorrect and that paralegal should study harder. There is a statute of limitations on credit debt defaults, in each and every state, and not just on criminal acts.



If you're in MI then the SOL for credit cards is 6 years that begins on the cause of action (first missed payment, and the account was never brought current leading to the charge off by the original creditor).



As for the response that they provided, under the FDCPA they don't have to provide all of the info that you requested. But, what they do have to provide "must" come from the files of the original creditor (Tribute) and not from the collectors own files. And yes, if a lawyer is acting as a collector then they ARE a collector.

But with that being said, if you're in MI then under MI's version of a FDCPA (under Section 339.918) they must provide the following ... "Verification of the debt or any disputed portion of the debt shall include the number and amount of previously made payments and the name and address of the original creditor, if different from the current creditor, or a copy of the judgment against the debtor." See the full content of that Section in the first link in the source box.



As for the licensing, unless Ms Elliott works for/with a different law firm that has a license, I cannot find a collection license under her name. If you have the name of a firm that she may work with/for then you can look that firm up yourself in the second link I've placed in the source box. On the main page look at the right hand side in the green boxes and click on the Check A License tab. On the page it takes you to be sure to click on Collection Practices under the Profession.



In your state if she is not licensed as a collector to collect the debt then "you" cannot sue her for it. You would have to file a complaint and the AG will be the one to file an action against her for crimes against the state.



When you began your post you stated that the debt was somewhere around 10 years old. Later on you referenced that it's still on your credit report. So either the default was newer than 10 years, or, they had re-aged the debt to report it for longer than they are legally allowed to report it.



If the default was around 10 years ago, had you sent a dispute to the CRA's claiming it was obsolete and must be removed? If not then you should. If it's verified and remains then you can sue them for illegally re-aging the debt.



If the default is newer but past the 6 year SOL then, if it were me, I would quit pussyfooting around and send them a SOL letter. You might Google the term Why Chat SOL Letter, he has the best SOL letter template that I've seen, it has some major teeth to it. His site is a read only site so you cannot ask any questions on it. The site and everything that is on it is totally free to read and use.



If the debt is still within SOL then you might send a second validation request and reference the state law that I posted above. You might go to the Forums on the third site I've listed in the source box, to find the 2nd validation request letter templates. You might also do some reading, ask questions, in the Credit Forum. The site is also totally free to read, ask questions and to use anything that you find on it.

Answer 2

Debt Validation Follow Up Letter

Answer 3

Update: Debt collectors and even law firms can try to come after a person forever for a defaulted debt. However, there is such a thing called the statute of limitations, which refers to the amount of time that they have to successfully sue you. This time period is 3-8 years from the date of last payment, depending on what state you live in. More info on statute of limitations at: http://tinyurl.com/3fvw68x



Now, they can still try to take you to court anyway, even if the statute of limitations is up, but if they did and you used the statute of limitations as a defense, they'd loose.

The problem here is that many people are stupid and/or ignorant regarding this issue and they don't bother to show up in court....which is exactly what this sleazy, predatory law firm is hoping you'll do....By not showing up, they'd win a default judgement and this amount might be up to 3 times the actual amount of the debt.

It is critical for you to do the following:

- Do not make the mistake of making any sort of payment on this account. If you do, you'll reset the statute of limitations. Don't let them trick or bully you into making a $10 "good faith" payment.

- Do not admit in writing that the debt is valid. Make them validate the claim.

- If this does go to court, it is crucial that you show up and respond to the summons. Hire an attorney if you can afford one. If you can't, show up and state that the debt is time barred.

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Their response to your validation request is not valid. Per the Fair Debt Collections Practices Act, the burden is on them to prove the debt. A typed "account statement" is not validation and only provides that they have a printer and a word processor.

- Send them a certified letter stating:

Per the Fair Debt Collection Practices Act, I am not in receipt of proper validation of this alleged debt. I officially requesting validation of your claim, to include a copy of the original signed contract with my signature. A typed account statement is not validation. I cannot respond to your claim until validation in the format of a copy of the original signed contract with my signature has been presented. Receipt of this letter is being time stamped by the USPS.

Answer 4

i would reply with the same letter starting out with the fact that they didn't actually read your last letter and that until they provide the requested info, in fact it isn't your debt. i would also request that they prove a ssn which goes with the debt.

sounds like a scam to me.

Answer 5

it is far past the statute of limitations file a complaint with your states department of consumer protection and the bar assc, they will take care of the problem for you and it must be removed from your credit reports if it has been put on