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Collections Law/Validation of Debt
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Question
I have been contacted by an attorney representing Chase Bank about a defaulted credit card debt. I responded to their letters twice requesting validation of the debt: specifically, itemized statement verifying the balance they claim, original cardholder's agreement, something with my signature on it. I sent these requests via certified mail, return receipt and kept all records. They continued to dun me for the alleged amount, and now have filed in Civil Court. Have they violated my rights under FDCPA by continuing collection efforts without providing verification of the debt?
No, they have not violated FDCPA. Have you demanded validation of the lawyer? If not do so immediately but don't make any specific demands stating what you want from them in the way of validation. Don't ask for any itemized statements, card holder agreements or anything else. Just tell the lawyer that you dispute the debt and demand they validate it and nothing more. So they filed a case against you. Have you responded to the complaint as of yet? If not you should also do that and send them your discovery demands before they send theirs to you.
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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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