Debt Validation - didn't know rights

[JasonBrunelle]

I had a debt collecter call me out of the blue one day for a debt that is 4 years old at this point. I asked for them to show me proof of the debt, at which point they just said "you owe the debt" and threatened to sue me if I didn't cooperate.

They never informed me of my right to debt validation, which the FDCPA says they were supposed to do within 5 days of their initial contact with me.

It has now been over 45 days since they initially contacted me, but only 15 or so days since the first letter they sent me (which didn't really tell me my rights, but did suggest I consult a lawyer). Now that I know my rights and since they didn't tell me my rights, and indeed theatened to sue over me asking for something that I'm completely within my rights to ask, I wonder if I can still pursue debt validation even though it has been over 30 days since the first communication and I've already sent them money.

Please let me know if debt validation is out of the question at this point or not.

Thanks!

 

[seniorjudge]

Standard answer on expired SOL (statute of limitation) and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

http://forum.freeadvice.com/showthread.php?t=293829

 

[debt_helper]

I had a debt collecter call me out of the blue one day for a debt that is 4 years old at this point. I asked for them to show me proof of the debt, at which point they just said "you owe the debt" and threatened to sue me if I didn't cooperate.

They never informed me of my right to debt validation, which the FDCPA says they were supposed to do within 5 days of their initial contact with me.

It has now been over 45 days since they initially contacted me, but only 15 or so days since the first letter they sent me (which didn't really tell me my rights, but did suggest I consult a lawyer). Now that I know my rights and since they didn't tell me my rights, and indeed theatened to sue over me asking for something that I'm completely within my rights to ask, I wonder if I can still pursue debt validation even though it has been over 30 days since the first communication and I've already sent them money.

Please let me know if debt validation is out of the question at this point or not.

Thanks!

#1- 4 years is not too long for a debt to be invalid. Usually it's 7.
#2- According to the FDCPA, a collection company must send you an FDCPA letter prior to initiating suit. If you request validation of the debt within 30 days, they must provide it. If they initiate suit without providing you validation, they are in violation of the FDCPA and you can cross-claim their suit. Usually, the firm will drop the case against you if you agree to drop the case against them.
#3- If it has been over 30 days, and you did not request validation, they are not required to provide it to you. However, if they sue you- ANSWER THE COMPLAINT! In discovery you can request validation and if they cannot provide it, you can move to dismiss.
#4- If all they did was call you, look out for the mail. The second you get a letter from them, send them a letter certified and regular mail requesting validation of the debt. Save the receipt from the mail. If the case goes any further without you getting validation- you have proof and a $1000 FDCPA violation claim against them.
#5- The letter they send you will have all the information about requesting validation of the debt. If you never get this letter, FDCPA violation- cross-claim.

I'm not to clear on the rules of evidence, but your payment on the debt may be an admission to the debt. This does not look good for you. The bottom line is- if you owe the money, pay it and don't waste the court's time. The longer you take to pay, the more penalties you will incure. Good Luck!