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Sticky nneded

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    Sticky nneded

    Couldn't find anything relating to "complete validation". What information does a collection agency have to provide when a consumers demands validation of a debt.

    #2
    What information does a collection agency have to provide when a consumers demands validation of a debt.
    Not much. This was recently discussed in this thread:

    http://www.bkforum.com/showthread.ph...546#post191546
    “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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      #3
      What is acceptable as debt "validation" depends on how far you are willing to fight a debt. There are other boards (debtor boards) that argue over what is acceptable validation. The point is that when you are sued are you willing to fight improper validation, whatever that implies? Do you have case law to back up your answer in a local circuit court?

      I recently had a CA reply with a debt validation that included the last 90 days of my credit card account and a signed assignment agreement with a creditor. There is no way I'm going to take this on.

      I've also had a copy of a contractual agreement between an original creditor and CA sent to me. Is this debt validation? I don't know but I'm not in a position to argue over whether or not the debt is valid. I'm pretty sure in a court of law they will prove the debt is mine.

      The bottom line is that if you owe the money, and you know you owe the money, a request for DV will only be a stall tactic against an agressive CA.

      I believe there are some staff opinions on the FTC (FDCPA) website that discuss what constitutes "validation." But, these are just opinions. Who knows how your local circuit court or federal court will rule.

      As always, what is the goal? Do you intend to sue a CA over improper debt validation? What is the history of your local circuit/federal court rulings on debt validation? If you lose and wind up owing the other party's legal fees, are you prepared to spend more money on appeal?

      It is my understanding that DV often comes up outside the FDCPA in the discovery phase of a lawsuit. Are you prepared to wait for that to happen?

      Again, there are other websites that discuss the ins-and-outs of the FDCPA. I can only preach my same mantra: "If you owe the debt, eventually someone will get a judgment." If you have tons of time and money to thorw down fighting details of legal definitions, then you might eventually win against a CA, but what will happen when the debt moves on to the next CA?

      I hope I don't sound derogatory. That is not my intention.

      If you believe you did not receive "proper" debt validation (whatever that means,) then send another response to teh CA requesting more detail. You might buy yourself more time.

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        #4
        You have to look at DV's (Debt Validation) in the big picture, lets assume you don't get an adequate DV, what are you really going to do about.

        In the end, you cannot DV your way out of debt.

        Basically a DV need only contain the name of the original creditor and the amount, that's it.

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