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Debt Validation Request Letters?

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  • Debt Validation Request Letters?

    Hello, all.

    It's been awhile since I've posted. Recently I received several letters from debt collection agencies regarding some credit card accounts that I stopped paying approximately three months ago. In the letters I've received it states that I have the right to ask them to validate the debt by writing to them within 30 days of receiving the letter.

    I have a couple of questions:

    1) Should I send them said debt validation request letters?
    1a) Should I send them even if I plan on filing BK relatively soon?

    2) Will sending them anything possibly spur them into legal action?

    3) If I DON'T send a debt validation request letter, can they get a judgment against me more quickly?

    4) If I DO send them a letter, what should I include? Something simple like "You claim to owe me a debt. Please send me all evidence of my owning this debt. Furthermore, please contact my lawyer with any further inquiries regarding any debt claims?"

    Any and all advice would be greatly appreciated. This is my first time being in this situation so I'm unsure how to handle it.

    Thanks, all.

  • #2
    If you're going to file bk soon, I'd just ignore them and the phone calls.
    As to questions 2 and 3, none of us can speak for your creditors-they'll do what they do.
    If you have retained a lawyer, if any debt collectors call, just give them his/her contact info and hangup.

    Comment


    • #3
      What is relatively soon? You said in early June that you planned to file in 3 to 6 months. If you are within 3 months of filing, you probably don't need to bother with a DV letter. It is possible that a creditor could sue and get a judgement by the end of the year, but not likely and you can always pull the BK trigger before a lawsuit gets to the point of judgement. A DV letter sent at the end of the 30 day period might help slow down the process. But, as keepmine says, it's impossible to know what a creditor will do in any particular circumstance. Your proposed language seems fine, but why not run it past your lawyer?
      Last edited by LadyInTheRed; 09-05-2013, 06:46 PM.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


      • #4
        This must be a new technique developed by debt collectors to get the matter of debt validation out of the way as a matter of course. Usually, it is the debtor that makes the request for debt validation after being sued. This is a move that stalls impending judgment - the Court will ask the creditor to prove that the debtor actually does owe the debt. Debt validation can only be useful for people who actually do not owe the debt that they are charged with owing. It is really a non-issue. If you refuse to ask for debt validation, and the creditor takes you to court, they can state that you did not ask for debt validation, which is tantamount to admitting that you actually do owe the debt. But so what. Unless you actually do not owe the debt, there is no point in trying to defend yourself.

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        • #5
          Originally posted by wellnowwhat View Post
          Hello, all.

          It's been awhile since I've posted. Recently I received several letters from debt collection agencies regarding some credit card accounts that I stopped paying approximately three months ago. In the letters I've received it states that I have the right to ask them to validate the debt by writing to them within 30 days of receiving the letter.

          Thanks, all.
          This is nothing new, and is pretty much standard operating procedure. What you will get from the collection agency is normally what is referred to a "Letter 1", which is the letter that gives you 30 days to dispute the debt before the debt can be assumed to be valid by the collection agency.

          You can at any time, however request a debt validation letter, however as Kornellred pointed out, if you owe the money, you're wasting a perfectly good stamp.

          The other purpose of the Letter 1 is to give you 30 days to contest the bill before it gets placed on your credit report.

          By not requesting validation in the first 30 days, you give up absolutely nothing.......
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment


          • #6
            Thanks, everyone, for the replies and responses. Sorry for not checking in sooner. It's been a crazy couple of months.

            I appreciate everyone's input!

            Comment

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