This person received a Debt Collection Notice from a Junk Debt Buyer so he sent off his Debt Validation letter and never heard back from them again. Great.

But about 4 months down the line he gets another Collection Notice for the same debt, however, this time it is from a different Junk Debt Buyer.

The person thinks that because he sent off a debt validation letter to the first company and they failed to answer him that they are now breaking the law. This has nothing to do with the first company. The first company is out of it. It has been sold to another scum bag company and you now have to deal with them.

You must first take note and hopefully you kept that first Collection Letter from the FIRST Junk Debt Buyer. Because guess what’s around the corner?

Take for instance: The case of Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard:

1. When Junk Debt Buyers send off collection notices that’s about all you get is the BILL with the amount owing & hopefully the mini-Miranda.

3. The Junk Debt Buyer is basically waiting on him to Dispute the Debt and request proper validation so that they know that they’ve got the right address and the right person.

4. Once this guy sends off this debt validation letter they’re going to say WE GOT HIM get a lawyer out in whatever state and sue him.

5. They may or may not send him copies of what they sent him in the FIRST LETTER which was proof enough of the debt.

6. But they most certainly upon receiving his Debt Validation Letter are going to have him served because he just gave away the fact that he was indeed who they were coming after.

Now if I were him I wouldn’t respond to this Junk Debt Buyer including asking for Validation because you are basically asking them to Validate something that has already been VALIDATED.

Want to be stubborn and use your Debt Validation Rights? Ask for a copy of the Assignment proving they own the debt then I guess……..if they respond with a copy of that assignment…………..Remember the first Junk Debt Buyer? He was the one that had the Debt first and sold it to this new guy.

Well, if you were smart and kept the previous documents from the first junk debt buyer you would be more prepared for what is coming up.

Let’s say you miraculously received a copy of assignment and it didn’t show the first junk debt buyer’s company’s name on it well you are off to a good start because in a court of law that assignment wouldn’t FLY & you’d have proof someone owned it before them. That is a whole other subject I don’t want to get into to……….

So my point here is this:

The 1st Junk Debt Buyer couldn’t validate and sold the debt.

The 2nd Junk Debt Buyer sends a Collection Notice Complete with proof.

The 2nd Junk Debt Buyer has NOTHING to do with the 1st Junk Debt Buyer so even though you requested validation from the 1st Junk Debt Buyer you are now starting over with the second one & it is totally your call if you want to risk your identity by sending the 2nd Junk Debt Buyer a Debt Validation Notice.

Because the 2nd Junk Debt Buyer has proof what exactly are you requesting they now validate???? Again, if you must send a debt validation letter the only thing you’ve got left is asking for a copy of assignment.

My guess is within the next 2 months expect a Sheriff at your door.

If you have chosen to send a Debt Validation Letter to a Collection Agency:

I am no expert here but why in the world would you copy the Debt Validation Letters that are all the same on the internet?

Don’t you think that Collection Attorneys hound the internet as much as you and know that when they receive your Debt Validation Letter that you did a quick copy and paste job like the thousands of others that sent them the same one as you?

Remember you are not their only client they see hundreds of these a day from people who copy and paste the same freaking letter over and over again.  The letters floating around the internet are requesting documentation they do not have to prove outright because you say so.

You want to get a few things across when requesting proper validation. You do not want to do a copy and paste job and send it off. These attorneys are probably laughing their butts off going OK another FOOL who copied and pasted and doesn’t know what he/she is doing.

Make it plain and simple. Let them know you know your rights and that you dispute the Notice and request proper validation.

Again, don’t copy and paste the same Sample Debt Validation Letter that these guys have seen 10 times over.

Here is my version of a Debt Validation Letter:

Date:

Scumbags File No:

Dear Sleaze Ball Attorney-

I received your Collection Notice on DATE HERE.

Please be aware that I am disputing this debt Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b).

Because I am disputing this debt all Collection Activities must cease and you have 30 days to respond to my letter with proper validation.

If I do not receive Proper Validation of this Debt within the 30 day time frame please take notice that you must delete this account from my credit file or you are in Violation of the Fair Credit Reporting Act for Reporting inaccurate information.

Thank You,

Your Name HERE  do not sign it just print it!

 You see the above letter is getting straight to the point:

1.  You are letting them know that you are totally aware of your rights per the FDCPA

2.  You are not telling them to provide you with documentation that they legally are not bound to give you.  They are a collection agency and are fully aware of what is needed to properly validate a
debt. You do not need to do their homework for them.

3.  You are letting them know that they have 30 days to respond.

4.  You are letting them know that if they do not properly validate this debt that they must delete it from your credit report. It must be deleted because if they cannot properly validate this debt to you
they most certainly cannot validate this to the Credit Bureaus!! If they continue to report it to the CRA well that’s reporting inaccurate information and they can be sued.

So quit using the copy and paste job and the same debt validation letter. In fact just take what I have above and re-word it to your own liking.

Just make them aware that you know your rights, don’t tell them what they need to provide you with, they fully know what is suppose to be provided. Do NOT THREATEN them with LEGAL Action like everyone else does and do not write a letter 1/2 a page long.

Get your points across and Certify Mail it with Signature Required. Keep this for your records.

Dispute this the same day with the Credit Bureaus they are reporting to.

If after 30 days they have not responded, make copies of the letter and Certified Mail Receipt and send this off to the Credit Bureaus and tell them they did not validate the debt and if they cannot validate it to you they cannot possibly have validated it to the Bureau and to DELETE IT!

FDCPA Section 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

“Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt.” See, Chaudhry v. Gallerizzo, 174 F.3d 394 (1999).

I just don’t see anything in the FDCPA where it states that the Collection Agency is suppose to give you copies of the Signed Contract, Assignment, Credit Card Statements and tons of more proof. DO YOU?

So when you read other things on the internet that the Collection Agency is suppose to give you a copy of the signed contract you had with the original creditor or a copy of the Assignment, credit card statements etc., is this all B.S.?????  Do you believe this and hurry up and copy their Debt Validation Letter (you know the one that is all over the internet) and send it off thinking that they are suppose to provide you with all of this? Within the Debt Validation Letter you are sending are you requesting documents that they don’t even have to provide per the FDCPA therefore making it seem to the Attorney that you are a complete moron and have no clue what you are doing?

What if you send that off and they send you the Name of the Original Creditor and the Amount? What if that’s good enough? Then they sue you and basically say thanks for letting us know you live there now we can serve you a summons.

From what I’ve read per the FDCPA I only see that the Agency only needs to provide the Original Creditors Name Address and the amount. I don’t see 500 documents that they need to produce like everyone claims on different websites.

Sending a Debt Validation Letter to a Collection Agency is basically a Stall Tactic on your end.  All collections must cease until they have sent you proper validation.

So what if they send you back the name of the Original Creditor, their address and amount and then send you a Summons isn’t that sweet?

I know for a fact that almost all websites tell you that the first thing you are suppose to do when you receive a Collection Letter from a Collection Agency is to write them back and request them to Validate the debt and send it off Certified Mail with Signature.

This is used for purposes of them having to prove certain things about the debt they are trying to collect

However, I just thought that I would throw this out there… According to the FDCPA you have the right to request proper validation from the Collection Agency that has sent you off their Collection Notice.  Per the FDCPA the Collection Agency is suppose to validate your debt by providing you with information pertaining to the debt.

Now, the problem that I have is I didn’t know about Debt Validation back years ago and seeing I couldn’t pay any of my debts I just threw the letters in the garbage and it is funny because yeah I received tons of phone calls afterward but I never received another letter. The debt was just sold off to another Junk Debt Buyer.

Within the past year or so from my research I finally learned that you should send off a Debt Validation Letter to the Collection Agency. So, thinking I had the upper hand here that is what I did.

And I kid you not the first time I did this within 2 weeks I received a Summons that I was being sued.

A year later I did it again, and sure enough received ANOTHER SUMMONS that I was being sued.

Now, back then when I ignored the Collection Letters and never asked for Proper Validation I was NEVER SUED.

It’s almost like they send you off these letters hoping you send them something back and BOOM! they now know that that’s where you live so they get a Lawsuit rolling.

I am not saying that you shouldn’t send off a Debt Validation Letter, hell, I’m no expert here but if I ever receive another freaking Collection Notice I sure as hell am not going to request proper validation I feel that I am just letting them know HEY! I LIVE HERE and I responded to your Collection Notice so now come and sue me.  It’s almost a game to them.

And how come we have to send everything certified mail with signature? Well, that’s obvious for proof in your upcoming Lawsuit that you sent them a Debt Validation Letter. But what’s funny is they don’t have to send anything Certified Mail so why can’t we just say we never even received a Dunning Letter? They wouldn’t have any proof that they sent one! They most certainly don’t make you sign for those Letters, they just come like any other piece of mail.

Us Consumers have to send things Certified Certified Certified and yet these scum bags just slap a Stamp on it and go…..they have no proof to back up they sent a letter to us to begin with. That’s how I felt when I threw all their letters away.

And according to the FDCPA you are suppose to receive a Written Notice within 5 days after them contacting you about the debt via Postal Mail.  99% of these Agencies don’t send those letters out. All they do is continue to call your house every hour. They do not abide by anything.

When I ignored their letters, they left me alone. But once I responded they sued me within weeks.

Asking for Validation is a great tool and sometimes these Agencies will send you back proper validation, some will just flat out ignore your request and leave you alone, however others will return your Debt Validation Letter into a Summons and a Lawsuit and that according to what I’ve read is not legal. But then again I’ve also read that they can sue you within the 30 day Validation Period but they still have to validate. So I am all confused here.

So I ask this question, and please submit your comments, should you or should you not ask for Debt Validation when you receive a Collection Notice??????

If I was being sued and asked myself that very same question I would answer the summons.

If I did not ask for proper validation before I was served it makes no sense to ask for it now.

Right now I would be dealing with a Lawsuit and would answer that summons within the time frame given on the summons or risk a default judgment. Validation would be the furthest from my mind right now.