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Affidavit of Debt?


Silver1
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It's been months since I DV'd M.R.S. Associates/LVNV Funding/Sherman or whatever they're calling themselves these days. Yesterday I got in the mail an "affidavit of debt" from Resurgent.

Okay, I thought I was DV'ing LVNV Funding/M.R.S. Associates/Sherman since they sent me the collections notice in the first place plus the subsequent ones without validating. Where the heck did Resurgent come from? :roll:

Okay, I know I've got to reject the affidavit, but what wording works to impress that upon these jokesters? "I reject this affidavit" - is that enough? They have yet to validate this debt and have continued to try to collect. Experian has verified their TL 3 times so far. So why can't they validate to me?

:roll:

Anyway, is stating that you reject the affidavit enough or should some other stuff go in the letter as well?

Thanks!

Silver

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You say you DISPUTE the debt as yours and nothing in the affidavit helps you understand differently and therefore they have not validated the debt and if they continue to collect without validation you will consider them inviolation of the FDCPA and FCRA. This includes posting the account to any CRA and posting but not noting it as "disputed." Ask them to re move it if they can't give you anything more than hearsay. Tell them the letter invokes your rights under the state and federal FDCPA and FCRA

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I just got one the other day from Portfolio Recovery! That was their answer to my DV letter.

They want me to fill in all my info, including my ss#, bank account #'s, etc. - yeah, right!

They also state if I don't return it within 30 days they'll take that as confirmation that I owe the debt and reactivate collection activity.

Do I reply that it's not validation and should I send a C & D letter?

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I just got one the other day from Portfolio Recovery! That was their answer to my DV letter.

They want me to fill in all my info, including my ss#, bank account #'s, etc. - yeah, right!

They also state if I don't return it within 30 days they'll take that as confirmation that I owe the debt and reactivate collection activity.

Do I reply that it's not validation and should I send a C & D letter?

I would not rush into sending a C&D letter; especially if you do actually owe the debt (or some amount of it) and if it is significant enough to be worth their time/cost to pursue you in court as they may well reply to a C&D letter with a court date.

THe problem with C&D letters is that is leaves the debt holder only two options, give up or file suite...even if you ultimately win in court, having to fight a lawsuit is not a fun activity nor does going to court ever guarantee an outcome even if you think it's a slam dunk in your favor.

I'd continue the whole DV route by rejecting their "affidate" as not being a sufficient reply to your request for validation and give them another 15 days.

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Resurgent IS LVNV/Sherman !! Just another of their shell company names.

You must specifically REJECT that affidavit, its not a dispute, your are rejecting it completely. If you don't reject it, they will say that you AGREED with what's in it and they then claim its an account stated and you're screwed.

Read this article written by Radi8 over on CreditBoards:

http://www.creditboards.com/mambo/index.php?option=com_content&task=view&id=13&Itemid=2

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