i sent the first dv letter to a collector and never heard no response back in the 2 week period, should i send a 2nd follow letter about the debt, in case the oc tries to get a judgement for this debt.
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The original creditor can sue you and try to get a judgment any time. They do not fall under the FDCPA.
It is also possible that the CA will sue you. If they have not provided validation, this becomes part of your answer/defense. It is possible that they will show up in court with all the validation, in which case I don't know what happens.
I've read about cases where the collector or OC shows up in court with all the necessary original documents. I don't know how often this happens and it is probably difficult to do so when the debt is many years old.
If the debt meets your state small claims critieria, most states don't allow either side to be represented by an attorney. If a collector takes you to small claims court, then they must own the debt. I just discovered that in my state I had one collection account I paid down to $200 (from $1200.) I'd been paying $125 per month, but when it got down to owing $300 I reduced my payment to $50 per month. The CA said I needed to pay my originally agreed to amount. I said, "Nope, I can't do it. Guess you will need to sue me." They took the $50.00 and gave me a receipt. I'm assuming they don't actually own this debt.
The CA employee was really p*ssed off that I wouldn't pay the original $150.00/month payment anymore, but I think she was upset that I had just significantly reduced her monthly commission!
Sorry I got off topic...
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