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Old 06-01-2007, 07:19 PM
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Default Validation letter

I've got a validation letter for a creditor that has stated debt to be valid through 2 disputes now. This debt has been on the credit for 3 years and is far from valid. Is there a time frame in which creditors dont have to validate? Secondly, what happens at the end of 30 days if no response? Do I then forward it on to equifax for a deletion? When sending this letter, is sending return receipt good enough? I want to do this right the first time around without making a total butt of myself!
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Old 06-03-2007, 11:32 PM
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The collection agency must STOP all collection activity, including reporting and verifying, until they supply proper validation to you after a written request. Although no time limit is specified for them to validate, they cannot continue collection activities until they provide such.
If the collections agency fails to repond or responds in writing and does not provide sufficient proof, write them another letter specifying their violation of FDCPA. Tell them either to cease collections efforts and alert the credit bureaus or you will file a lawsuit. Allow at least two weeks for a response, and then follow through with your threat in small claims court.

Most collectors will give in before you will have to get the law involved, and some cases may be much easier than others. If a collector has bought or has been assigned your debt, they inherently do not “own” your debt and therefore cannot prove your obligation to pay (unless there is a clause in your original contract). Similarly, unqualified and deceitful collections agencies probably will want to rid themselves of your situation as quickly as possible.

It should be noted that creditors may take legal action against you, so it almost certainly is not in your best interest to just ignore a debt that you think cannot be proven. If you fail to take action and demand proof (or lack thereof) from a collections agency, it really does not matter what you believe to be just and accurate. You still may find yourself with a judgment against you.

Attempting debt validation might sound a bit daunting, but the financial benefits that you may gain from enforcing your rights certainly make it worthwhile for many people. FDCPA and contract laws are usually on your side. And if a collection agency lacks proof of your obligation to pay, well then...you might as well not.
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