Debt verification vs. debt validation...

[Rintaro]

The SOL is an affirmative defense to a lawsuit. It has nothing to do with attempting to collect a debt.

So CA CAN legally Collect debt past statute of Limitations?

[keepmine]

How is a CA required to prove that Statue of Limitations has not expired?

Isn't that required to collect on a debt, if it is past statue can they still pursue collections?

The SOL is an affirmative defense to a lawsuit. It has nothing to do with attempting to collect a debt.

[Rintaro]

How is a CA required to prove that Statue of Limitations has not expired?

Isn't that required to collect on a debt, if it is past statue can they still pursue collections?

[jp2861]

If you'll be filing in 3 months I wouldn't worry about it. Unless your lawyer tells you to do something else, just give them your lawyers info and forget about it. Remember it takes time for the whole process to evolve to the point that you are garnished. If they call your lawyer to verify, that you are in fact filing, that will probably slow them down anyway.

[pa308]

I'm not filing until April. Should I send a verification letter to slow down any suit? I have read that a verification letter can sometimes actually bring on a suit. A guy called from the CA and said that it was for my Sears Card but the collection letter doesnt even reference sears

[HHM]

If I am forwarding the initial letter from the CA to my attorney is it safe to assume that he is asking for verification or should i send a letter asking for it? My attorney says to send these things to him but what if he doesnt do anything with it? I asked the paralegal one time and she said the atty would only call me if there was something i needed to do.

Unless your attorney told you otherwise, your attorney probably only wants the letter so he has the name and address for the CA to include them on the creditor matrix of the BK forms. Unless you are PAYING the attorney to do some FDCPA work, I would NOT assume he is doing anything more then putting those letters in your file.

[jp2861]

If I am forwarding the initial letter from the CA to my attorney is it safe to assume that he is asking for verification or should i send a letter asking for it? My attorney says to send these things to him but what if he doesnt do anything with it? I asked the paralegal one time and she said the atty would only call me if there was something i needed to do.

Are you filing soon? If so, there's no reason to do anything. The only reason to send out a DV letter would be to drag out the process so they don't have time to garnish before you file.

[pa308]

If I am forwarding the initial letter from the CA to my attorney is it safe to assume that he is asking for verification or should i send a letter asking for it? My attorney says to send these things to him but what if he doesnt do anything with it? I asked the paralegal one time and she said the atty would only call me if there was something i needed to do.

[HHM]

You are correct...I over stated the issue.

The law is somewhat unsettled (nationwide), the Seventh and Eleventh Circuit courts have ruled that statutory damages are $1000 per action (per lawsuit), regardless of the number of violations alledged. There are no, or limited rulings in the other circuits...mainly because these types of cases are routinely settled. Some trial courts hav not limited the jury to awarding only $1000 in statutory damages, but in those cases, the jury only awarded $1000 so there was nothing to appeal.

[keepmine]

No, it's a $1K per action-not per violation.

http://www.bkforum.com/showthread.php?t=20056

Look at the laundry list of damages-only $1000 per plantiff for the FDCPA violations.

The court Delores Maddux $250,000 in damages and $1,000 in statutory damages; Gilbert Maddux was awarded $254,253 in damages, and $1,000 in statutory damages; Jeni Maddux $109,717 in damages, and $1,000 in statutory damages. The three were awarded jointly another $3,117.

BTW, this was a really nasty collection effort. I've seen the actual ruling and it's replete with vulgar racial slurs. These guys likely still drag their knuckles in the sand.

[HHM]

Per action means a series of violations involving the same agency. You don't get $1K per individual violation. And yes, if you prevail you do get legal fees awarded. Here's the section of the FDCPA that deals with civil liability. Note too, that the award is set by the judge and is capped at $1K.

http://www.creditinfocenter.com/legal/FDCPA.shtml#813

That is incorrect...it is $1000 per each "act" that violates the code.

So if the CA has 20 violations against 1 debtor, the debtor could conceivably get $20,000 in statutory damages, plus attorney's fees.

[keepmine]

What's the difference between an action and a violation ?

I believe it's $1000 plus attorney's fees so I was planning to review with an attorney once I get multiple violations from the same CA.

Thanks for the info.

Per action means a series of violations involving the same agency. You don't get $1K per individual violation. And yes, if you prevail you do get legal fees awarded. Here's the section of the FDCPA that deals with civil liability. Note too, that the award is set by the judge and is capped at $1K.

http://www.creditinfocenter.com/legal/FDCPA.shtml#813

[ssdsco]

When a "new" CA calls always ask for the name of the person and the address. Document the date and time of call. If they continue to call, you might tell them you will look for their written notice per FDCPA. You might consider recording such a call.

I had accounts with 7 CA's a while back. One verified as they were local and I worked out a deal with them.

Two were not registered in my state, but a complaint to my state consumer finance division of teh attorney general's office shut them down.

I'm still struggling with making payments, even agreed upon ones, after 15 months. I still don't know if I will eventually file.

I could not pay everyone this month and will return to default on 3 - 4 accounts. They are all in the $800 - $1800 dollar range. I'm likely to let these go to small claims and allow a default judgment. I can afford 25% wage garnishment, so these would actually get paid off under garnishment.

I have some very large CC accounts $5K - $12K. If I have to default on these (again) then I'll probably have to wait for them to go to CA's and request verification and eventually a cease and desist commuications letter.

I have no other assets other than wages. I'm paid well and can live with judgments and future garnishments for a while.

The DV letters do seem to work.

Thanks for sharing your actual experience. I know my mileage may vary.

[ssdsco]

2 points here. An fdcpa claim won't prevent anyone from suing. You use that as a counterclaim to try and mitogate any award the creditor may receive. Secondly, you won't get rich off an FDCPA suit. Damages are capped at $1K per action-not per violation.
A few states have laws that are similar to the FDCPA that allow for higher damages.

What's the difference between an action and a violation ?

I believe it's $1000 plus attorney's fees so I was planning to review with an attorney once I get multiple violations from the same CA.

Thanks for the info.

[keepmine]

2 points here. An fdcpa claim won't prevent anyone from suing. You use that as a counterclaim to try and mitogate any award the creditor may receive. Secondly, you won't get rich off an FDCPA suit. Damages are capped at $1K per action-not per violation.
A few states have laws that are similar to the FDCPA that allow for higher damages.