Anonymous Posted September 30, 2002 Report Share Posted September 30, 2002 I noticed on the article about Debt Validation that the original creditor or collection agency could try to sue for judgment when they receive the request for Debt Validation. If you have submitted a request for Debt Validation, I would appreciate your letting me know how it turned out. Did they respond appropriately or fail to respond? If they didn’t how old and how much was the debt? Did they try to get a judgment? If so how much was the debt and did they inform you first or just send a summons?Ron Link to comment Share on other sites More sharing options...
admin Posted October 1, 2002 Report Share Posted October 1, 2002 They can try and sue you, but if they don't provide adequate debt validation before they go to court, this is a violation of the FDCPA. Link to comment Share on other sites More sharing options...
Anonymous Posted October 1, 2002 Author Report Share Posted October 1, 2002 <blockquote>Originally posted by adminThey can try and sue you, but if they don't provide adequate debt validation before they go to court, this is a violation of the FDCPA.</blockquote>Sorry but that is not what I asking. I understand they would have to validate before attempting to get a judgment. What I want to know is has anyone has been sued after the validation letter was sent out and also a little detail about their case. I am assuming that in my case they will be able to validate most of these since I was in fact at the hospital and neither I nor the VA made payment. If I find that the CA/OC very seldom sues for less than a $1000 dollars, I will go ahead and send the letters. However if they normally sue if they can validate, then I might be better off letting sleeping dogs lie. Is that correct? Link to comment Share on other sites More sharing options...
Swede Posted October 1, 2002 Report Share Posted October 1, 2002 <blockquote>Originally posted by ronpurvis<blockquote>Originally posted by adminSorry but that is not what I asking. I understand they would have to validate before attempting to get a judgment. What I want to know is has anyone has been sued after the validation letter was sent out and also a little detail about their case. I am assuming that in my case they will be able to validate most of these since I was in fact at the hospital and neither I nor the VA made payment. If I find that the CA/OC very seldom sues for less than a $1000 dollars, I will go ahead and send the letters. However if they normally sue if they can validate, then I might be better off letting sleeping dogs lie. Is that correct?</blockquote>Hi Ron, I'm not sure what you mean when you say CA/OC sues for less than $1000. The $1000 is the statutory damages provided under the FDCPA/FCRA when CA/OC's violate those laws. That's nothing they can sue you for. If they were suing you, they'd go for the balance owed (plus interest if applicable under state law or the contract).They normally aren't able to correctly validate a debt, due to sloppy record keeping and if they do, 9 times out of 10 a CA will violate one or more sections and usually, they will back down at the threat of a lawsuit.You're specific case also depends on if the SOL is up, are you in a state where CA's must be licenced etc. If you can be more specific about where you're at, what the status of this is etc, I'm sure you'll get a lot more valuable help than my idiotic ramblings. Btw, welcome :cheesy:[Edit by Swede on Tuesday, October 1, 2002 @ 05:58 AM] Link to comment Share on other sites More sharing options...
Anonymous Posted October 1, 2002 Author Report Share Posted October 1, 2002 <blockquote>I'm not sure what you mean when you say CA/OC sues for less than $1000. The $1000 is the statutory damages provided under the FDCPA/FCRA when CA/OC's violate those laws. That's nothing they can sue you for. If they were suing you, they'd go for the balance owed (plus interest if applicable under state law or the contract).</blockquote>I am sorry if I wasn't clear, part of the information was in another post.The $1000 I am referring to is what is owed and that they can sue for a judgment, not the amount I can sue for because of a violation. What I wanted to know is how often the OC/CA will sue for judgment if the individual debt is less than $1000. My individual medical bills range from $61 to $1306 currently. (Have another for $7500 that will be on there in a month or two.) What I am looking for is how often the OC/CA will sue for judgment on bills that are $1300 or less per account. <blockquote>They normally aren't able to correctly validate a debt, due to sloppy record keeping and if they do, 9 times out of 10 a CA will violate one or more sections and usually, they will back down at the threat of a lawsuit.</blockquote>Are you saying that there is almost no chance that they could get a judgment if they wanted to? <blockquote>You're specific case also depends on if the SOL is up, are you in a state where CA's must be licenced etc. If you can be more specific about where you're at, what the status of this is etc, I'm sure you'll get a lot more valuable help than my idiotic ramblings. </blockquote>The Statue of Limitations (SOL)is not up on the majority of these medical collection accounts for the state (FL) where I was when the account was created. Of the $6033 total $4721 is still within the SOL. One of the accounts that are still within the SOL time frame is $1306. Where I live now (SC) the SOL will cut the total amount subject to a judgment down to $2734 which still includes the acount for $1306. If you can tell me where to find out about the licensing requirements by state I would like to see that.Thanks for your help.Ron Link to comment Share on other sites More sharing options...
LadynRed Posted October 15, 2002 Report Share Posted October 15, 2002 You can find a list of the licensing requirements for all states here:http://www.fidelityinfocorp.com/state_list.html Link to comment Share on other sites More sharing options...
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