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Stopping debt collection calls ans letters

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  • gary
    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
    Message 1 of 5 , Oct 1, 2006
      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
      fulfilled.

      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.

      Gary

      ----- Original Message -----
      From: hubbarddamar2@...
      To: tips_and_tricks@yahoogroups.com
      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
      verification
    • Steve
      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
      Message 2 of 5 , Oct 1, 2006
        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
        another collector.

        Thanks, Steve
        gary wrote:
        >
        > Dave,
        >
        > 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
        > not
        > 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
        > send
        > you letters.
        >
        > .
        >
        >
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