Not sure if I should request validation

[somanymistakes]

I received a letter from a law firm that stated that a lawyer has not reviewed my account but that I am being contacted for an account and need to pay now. This is an old account (about 3 -4 years so its not SOL) but it was sold from the OC to a junk buyer who tried to collect 1 1/2 yr ago. I sent him a validation notice and they were not able to validate so I never heard from them again. Now this law firm states that client is a different junk buyer (making no mention of the first junk buyer- only the OC- but that must be who they got it from). I really doubt that they have any type of documentation--- but this law firm does sue---should I go ahead and validate? If they cannot validate at all can they still sue? Thanks!

[ghacorp]

If you're out-of-sol, send a C&D letter.

[somanymistakes]

Its not out of the SOL-- but if I don't send a request for validation I am not sure what my next step should be. The first junk buyer could not validate--is it possible a second one could? Thanks

[Feel violated]

To somanymistakes,

I see no downsides to sending a debt validation request. What can you lose?

If the new debt owner can't validate, they have no case. I also assume they sent a mini-miranda to the effect you have 30 days to request debt validation. Don't ho hum that period away.

Meanwhile it slows them down, gives you time to think, and gives them a chance to rack up some violations for you to countersue on if they are not careful.

These outfits are used to running roughshod over the legal rights of the uninformed. Letting them know you are aware of the FDCPA and FCRA can only give them pause.

But thats just my take on it. Others feel free to give any other advise.

[somanymistakes]

Thanks for your response. I agree with you- the thing that worries me is a post I read somewhere a while ago that stated that when you DV it also makes things easier for a law office to sue you-- they essentially have done all the work necessary. I guess my real question is : Can a law firm sue you even though they have no info about the debt? How could they even prove it was mine-- but do they have to do that to initiate a suit? Thanks again!

[Leadhead]

I received a letter from a law firm that stated that a lawyer has not reviewed my account but that I am being contacted for an account and need to pay now.

Violations by Attorney Debt Collectors.

1. Lawyer letters “connote that a real attorney, acting like an attorney,

has considered the debtor’s file and concluded in his professional

judgment that the debtor is a candidate for legal action. Using the

attorney language conveys authority, instills fear in the debtor, and

escalates the consequences.” Attorney letters generally imply the

threat of litigation. U.S. v. National Financial Services, Inc., 98

F.3d 131, 137 (4th Cir. 1996).

2. A dunning letter sent on attorney letterhead violates numerous

provisions of the Act if the lawyer does not personally review the

debtor's file and have some knowledge about the alleged debt -

Avila v. Rubin, 84 F.3d 222 (7th Cir. 1996).

[somanymistakes]

Thanks leadhead! I guess I should send the DV to be sure-- I will still worry about being sued. One would think that a firm would not want to take a case (after not being able to meet the DV requirements)that they cannot prove (if they dont respond to the DV what documents could they produce in court?) or win-- but then again I don't think like an attorney and don't know the in's and out's! Any one else want to weigh in whether a firm would sue if they are unable to validate and have no paperwork to submit? Thanks.