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At a crossroads - should I sue?

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I have a small doctors debt that should have been discharged in bankruptcy but I did not put it on schedule because I didn't know about it. It shouldn't matter because if you live in the ninth circuit in a no asset Chapter 7 bk all debts are discharged anyways.

I disputed with Experian and it came back verified. I did the DV letter and then the DV Estoppel letter - the Collection Agency finally sent me a computer printout with the charges (less than $100) along with a collection letter but did not give me the mailing address for the creditor. This is in Calif and it seems that the Collection Agency does not have the right to sue me or collect this debt.

This is the only collection on my credit report - I want to knock them out of the box. I am wondering if writing a letter threatening to sue is a good idea or rather tell them this was discharged in bankruptcy. If I tell them this was discharged in bankruptcy then I will have a Chapter 7 collection mark on my credit report. Am I making sense?

Your help is appreciated.


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  • 4 months later...

Look at the FTC Wollman opinion. It specifically states that an itemized computer generated print out is not sufficient proof for debt validation.


Actually, you got this CA right where you want them.

Forward a copy of that crap they sent you along with a copy of the Wollman opinion letter stating that this is a clear violoation of the law. And that this response is a complete failure to properly validate a debt.

And also be sure to say that this CA refuses to do the following for you:

• Copies of a signed contract or an instrument bearing my signature.

• Documentation verifying that I did in fact have an outstanding balance from this account.

• An explanation on how a calculation was made on what I purportedly owed.

• An explanation of the procedures used to inform me of such an outstanding balance.

Continue hammering away at the CA with DV letters since it is obvious that they don't have anything else like real proof.

And continue hammering away at the CRAs. It may take a few letters but you have the best proof in the world that this CA cannot fulfill this part of the law.

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