DownAndOut Posted December 9, 2004 Report Share Posted December 9, 2004 I know this website says it may be the ultimate weapon, but could it also be the ultimate way to get a CA mad and file a judgement?I thought I was king once with the cease and desisit letter and all it got me was a summons.I am talking about those debts that you know are legit and you send a validation letter anyway. Link to comment Share on other sites More sharing options...
willingtocope Posted December 9, 2004 Report Share Posted December 9, 2004 Just because you know that you did indeed have a debt with a specific creditor does NOT mean that the CA has the right info regarding that debt. The whole purpose of the C&D letter is to make them play by the rules and stop hassling you by phone. The purpose of the DV letter is to make the CA prove they have the right person, the right to collect, and the right balance.Yes...that sometimes does result in a summons...but...if you've done the DV process right, you probably have some documentation that give you some wiggle room when it comes to appearing in court. Remember...just because you owed a creditor, doesn't mean you owe the same amount (or more) to a CA. Chances are the OC wrote you off and has been compensated (somewhat, anyway) by the American Tax Payer, and the CA bought the right to continue to hassle you for pennies on the dollar. You DO NOT owe the CA anything....(at least not morally)... Link to comment Share on other sites More sharing options...
Guest jeeptravel Posted December 9, 2004 Report Share Posted December 9, 2004 The whole purpose of the C&D letter is to make them play by the rules and stop hassling you by phone. The purpose of the DV letter is to make the CA prove they have the right person, the right to collect, and the right balance. Well said. The DV puts the ball in their court and forces them tp prove what you owe.What people are saying on this board is this: Before you go those routes, why not force them to prove the debt. If they don't within a given tme frame or if the debt is out of the SOL, you are not required to pay a dime.After all these attempts at DV and such, then you mau want to consider negotiating a settlement of the debt and that's another process I could help you with, based on much info and experience.jt Link to comment Share on other sites More sharing options...
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