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Collections Law/proper validation
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Question
QUESTION: I sent out a validation request back on Jan 14 and after 9 months I finally heard back from them.
All they sent me back was an Xerox copy of an old statement with the charge off principal amount and Finance charge charge off amount.
I live in CA and would like to know if this was properly validated. From my understanding aren't they suppose to send me ACTUALLY statements from the OC and NOT copies? Also aren't they suppose to provide me with proof that they now own the debt, and have the right to collect on it?
ANSWER: My understanding is that they must provide more than you say they have provided. The problem is enforcing the demand and to do that you would have to sue them.
They don't have to prove that they now own the debt or don't own it.
---------- FOLLOW-UP ----------
QUESTION: Yes, I know i would have to probably sue them but how about if I send them a 2nd Validation request they ignore and just go ahead and sue me?
Also why don't they have to prove they own the debt? Don't I need to know they actually own it and im not paying the wrong collector?
What good is a second validation request going to do if you got no results from the first one? I can't think of any good that would do.
Why don't they have to prove they own the debt? By law they do but judges don't seem to care about that. They have alleged that the debtor owes the debt so it is up to the debtor to prove that he don't owe the debt. That's just the way it works in most courts.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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