Jump to content

where does it say this


Anonymous
 Share

Recommended Posts

I see that in the FDCPA 809(B) that the DC must stop all collections until the debt collector obtains verification of the debt I don't see the word validation so isn't the fact that they sent me a copy of the bill statements verication? I'm not understanding where the part that They have to send me a copy of the sighned contract comes in ? If anyone knows where this is can they help me ? I already lookes at the case Spears VS. Brennen I'm going to go to court and fight this but I need to make sure I'm right !

Link to comment
Share on other sites

Verification is the method of debt validation. Yes, they have to send you a copy of the signed application and also prove to you that they are legally able to collect this bill. Sometimes you can get them by also challenging whether or not they are licensed in your state to collect.

Link to comment
Share on other sites

  • 6 years later...
Verification is the method of debt validation. Yes, they have to send you a copy of the signed application and also prove to you that they are legally able to collect this bill. Sometimes you can get them by also challenging whether or not they are licensed in your state to collect.

In another thread R_N says, in response to a long request list a short part of which I repeat here

"1.A copy of all signed documents with MY signature providing that the debt is in fact mine.

2.A copy of the original creditor’s contract.

3.A letter or statement of assignment from creditor allowing you to pursue this debt in collection.

4.A statement from you to the fact that this debt has not been written off to profit and loss by creditor's

5.as this is a Medical account a signed HIPPA Authorization form."

That they are simply not required to provide any of that.

Yet you say they have to send a copy of the signed application and as I look at the FDCPA 809(B) I don't see where it says that?

Can you help explain this to me?

I realize now I may be asking the same thing as transaction #1.

Link to comment
Share on other sites

Yet you say they have to send a copy of the signed application and as I look at the FDCPA 809(B) I don't see where it says that?

Can you help explain this to me?

You have resurrected a seven-year old thread and opinions that were valid at that time are not necessarily valid now. Please keep that in mind as you read through the forum. But, since you asked, I'm going to address the question anyway.

The FDCPA is not at all specific on what constitutes "proper" validation. So, it is left up to the courts to interpret exactly what that is. The majority of courts follow the reasoning in Chaudhry, which states that a debt collector need only show that the amount being demanded is the amount the creditor is claiming is due. Now, this is a very low threshold and courts, while agreeing with Chaudhry, continue to issue varying opinions as to how that information should be presented to the debtor.

A very small minority of opinions have been written in such a way as to suggest that the Chaudhry validation is insufficient, and in doing so, suggest that some higher level of proof or detail be provided to the debtor. The problem with most of these other opinions is that they come from local courts and, as such, are not binding outside their own jurisdiction, or the judge simply mentions his opinion on validation in passing, or dicta. This happens when validation is not actually an issue in the case. That means it cannot, with any authority, be cited as precedent in future cases.

Personally, I go along with the Chaudhry opinion, even though it leaves a lot of room for debt collectors to wiggle around. However, I don't think the response you get from a debt collector is as important as the part of the Act which states that they must cease collection until they provide you with something. That, in my opinion, is really the where the value of the validation request lies.

Article 9 of the respective states' U.C.C. code provides ways for debtors to request more detailed information, and I prefer to use that in cases where it appears the original creditor has sold the debt. It allows the debtor to request actual proof of assignment, including certain details of the assignment. It doesn't require the collector to cease collection activities, but it is a condition precedent to a lawsuit.

Point is, you can ask for whatever you want, but don't expect to get all of it. And, don't automatically think that a judge is going to share your opinion, because he probably won't.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...