Stopping debt collection calls ans letters
- It gets a little tricky here. A third party debt collector may not continue
with collection efforts until they have fulfilled a validation request made
within 30 days of their informing the alleged debtor that he may deny all or
part of the debt EXCEPT they are allowed to file a lawsuit before responding
to the validation request. This is supposedly allowed so they don't have
the statute of limitations expire while waiting for the validation material.
However, they are not allowed to try to obtain a judgment until they
complete the validation. This can be really confusing, especially with some
courts that do not allow a plaintiff to just sit around doing nothing on the
case. See Spears v. Brennan for a case that was overturned because a
summary judgment was souhgt and awarded before a validation request was
Moderator/Bear: If you want to know what state or what court Spears v. Brennan is in write Gary off group. Requests on group for that info will be deleted.
----- Original Message -----
Sent: Saturday, September 30, 2006 7:58 AM
Subject: Re: [tips_and_tricks] Stopping debt collection calls ans letters
What if you sent a validation letter and they never responded, however you
receive a summons to court for an alleged debt without validation or
- I've been helping my mother out with debt collectors. Here is what they
are doing, and I have 3 years worth of experience to prove it.
I write a certified letter to them (like it is from her and she signs
it) asking for detailed validation of the debt and proof of claim. I
inform them that if
they purchased the debt, they can only attempt to collect what they paid
for the debt.
I never hear again from the collectors I send this letter to, but
instead and within a month or two, she gets another 'first time' letter
from some other debt collector for the same debt.
It does on and on. I'll bet in the past 3 years, I have sent 12 or 13
dispute and request for validation letters for her and the same thing
keeps happening. I'm about to send two more, and I think I'm going to
add something new this time. I'm going to add that if they cannot
validate the debt, then I forbid them from selling or transferring it to
> A few things in your post need a bit of correction/clarification.
> You can inform a third party debt collector that you wish them to
> cease all
> communications (this must be done in writing) and then they can only tell
> you they will no longer make any attempts to collet OR that they are
> bringing legal action against you. Legal action cannot be brought by a
> third party debt collector unless they have purchased the debt.
> If they have purchased the alleged debt and you inform them to cease
> comunications their only choice is to quit or sue you. If you'd rather
> make those their only choices you can inform them in writing to cease all
> phones calls and keep all communications to a written form, then they can
> only send you letters, quit or sue you. They will usually continue to
> you letters.