Debt Validation Question

[salsa]

I requested a DV from a law firm. Usually when I do that, I get copies of statements from the original creditor. This time I got 2 statements from the JDB, nothing from the original creditor like statements or signed application.

Is it reasonable for me to respond back that they really haven't validated the debt. I mean any JDB can say they own an account from someone.

[AngelinaCatHub]

I requested a DV from a law firm. Usually when I do that, I get copies of statements from the original creditor. This time I got 2 statements from the JDB, nothing from the original creditor like statements or signed application.

Is it reasonable for me to respond back that they really haven't validated the debt. I mean any JDB can say they own an account from someone.

You got it. You want a full accounting including your signature if that applies. 'Hub

[DYLAN150]

Justing wondering: Does anyone ever get a copy of the application for credit back? I did all of mind on the internet, do they even keep them?

[frogger]

You can respond, but more than likely, that's all you're going to get from them. They will have considered your debt to be validated regardless of what you think.

[HHM]

You can ask for anything you want, all that is REQUIRED to be provided to validate a debt is the name of the original creditor and the amount claimed to be owed. THAT IS IT.

[AngelinaCatHub]

You can ask for anything you want, all that is REQUIRED to be provided to validate a debt is the name of the original creditor and the amount claimed to be owed. THAT IS IT.

Not to debate this, but what if the OP disputes that he either does not owe that amount and perhaps not even that account? Even in a Civil Court, the Plaintiff has the burden of proof to present. If it were me, I'd object strongly in that matter.

American General attempted to slip in wrong figures and actually mailed a reaffirmation statement to our Trustee. He gave this document to me at our 341 and said "I believe this is yours". It was unsigned and of course we trashed it. 'Hub

[HHM]

Not to debate this, but what if the OP disputes that he either does not owe that amount and perhaps not even that account? Even in a Civil Court, the Plaintiff has the burden of proof to present. If it were me, I'd object strongly in that matter.

American General attempted to slip in wrong figures and actually mailed a reaffirmation statement to our Trustee. He gave this document to me at our 341 and said "I believe this is yours". It was unsigned and of course we trashed it. 'Hub

We are talking about entirely different contexts.

In response to a request to validate, all that is required under the FDCPA as a response is the name of the original creditor and the balance owed.

In court or bankruptcy, yes, more evidence is needed (assuming the debtor disputes), but the question at hand, is related to "debt validation"

[Freddy03]

We are talking about entirely different contexts.

In response to a request to validate, all that is required under the FDCPA as a response is the name of the original creditor and the balance owed.

In court or bankruptcy, yes, more evidence is needed (assuming the debtor disputes), but the question at hand, is related to "debt validation"

This is why DV is a waste of time and IMO it only pushes your accounts further down the collection line.

[AngelinaCatHub]

We are talking about entirely different contexts.

In response to a request to validate, all that is required under the FDCPA as a response is the name of the original creditor and the balance owed.

In court or bankruptcy, yes, more evidence is needed (assuming the debtor disputes), but the question at hand, is related to "debt validation"

Got it. Thanks.

This is why DV is a waste of time and IMO it only pushes your accounts further down the collection line.

This is not bad if the OP needs a tad more time. 'Hub

[salsa]

Yes, I need time. Probably wont be filing until February sometime. I guess my point is this account is 4 years old. It has obviously passed through many debt collectors. How do I know this JDB still has rights to it? Or is that something I can fight in court?

[HHM]

Yes, I need time. Probably wont be filing until February sometime. I guess my point is this account is 4 years old. It has obviously passed through many debt collectors. How do I know this JDB still has rights to it? Or is that something I can fight in court?

You don't know (but odds are they do, if it is one of the biggies, they have the right). The idea of someone collecting on a debt for which they do not have the right is more myth than reality. The issue comes up more in a defense to a lawsuit. But in the run of the mill collection cycle, they don't have to prove to you that they have the right to collect.

[frogger]

We are talking about entirely different contexts.

In response to a request to validate, all that is required under the FDCPA as a response is the name of the original creditor and the balance owed.

In court or bankruptcy, yes, more evidence is needed (assuming the debtor disputes), but the question at hand, is related to "debt validation"

100% accurate.

[Freddy03]

Got it. Thanks.



This is not bad if the OP needs a tad more time. 'Hub

All 3 companies I DV'ed I was served summons about 45 days after.

[treehugger1]

I was only sued (after dv'ing their attorney firm) directly by chitibank who has two judgments. While I was sued in small claims court by a few other local companies that held small debts, none of my other defaulted accounts (15+) have ever initiated suit. I always DV. However, I started down this path in 2006, before the death spiral. As of this month, almost all of my outstanding debt (not counting student loans) is 9-12 months away from my state's SOL. Either this will be a lawsuit intense year, or I will never hear about much of this debt ever again.

[shark66]

Yes, I need time. Probably wont be filing until February sometime. I guess my point is this account is 4 years old. It has obviously passed through many debt collectors. How do I know this JDB still has rights to it? Or is that something I can fight in court?

You most certainly should look into SOL in your state...the account in question might be past it, and if that's the case they can ki$$ your a$$ in court...

Good luck to us all.