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what is the point?


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If CA's and JDB's are winning in Court without proving the existence of the validity of a debt, what is the point of DV?

Reading through this site, I am reading conflicting advice. For example, those who DV a CA and the CA doesn't respond or supplies incomplete documentation but still proceeds to sue. If Defendant properly raises defenses or points to lack of a cause of action(or lack of standing to sue), why are some members on this site advising to settle with a CA or JDB?

More importantly, why are Judges handing out judgements without proper and LEGAL validation?

If one settles with a JDB or CA who cannot provide the proper documentaion of accounting, or how they came about having the legal standing to sue, how does one know that the original debt will be cleared and actually paid? Does a debtor have the legal right to know where the sttlement goes?

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First, you have to remember this is an open forum. In addition to us poor smucks that actually owe money to someone, and some legitimate experts, you've got "debt handlers", "collection agencies", JDB's, and generally obnoxious people offering advice that may or may not be correct.

So...you have to decide what is best for you.

IMHO, always use the DV process with a CA. Make them prove they have the right person, the right amount, the right account, and the right to collect in your state. Yes, some may just go ahead and sue with providing validation, but if you respond to the suit and if you go to court prepared to "educate" the judge on your rights, you might win. If you don't respond, or if you're not prepared, the judge will issue a default judgement for sure.

If you have money to work with, you can think about settling the account...but...unless you settle directly with the OC, there is probably not going to be an improvement in your credit rating. There is little incentive to settle with a CA, unless they're listed on your credit reports and agree to delete. There is almost never a good reason to settle with a JDB. Regardless of who you settle with, get it in writing and make sure the terms are to your satisfaction.

If you don't have money, your only recourse is to play the DV game with whoever comes at you....and wait for them to violate the FDCPA, FCRA, or whatever so you can sue them.

If they push you into a corner, then you need to look at BK. Thanks to the Republicans, that's a lot harder than it used to be, but you might not have a choice.

Not a lot of great choices, but you do what you need to...

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I have to 100% agree with willingtocope. Always DV the collector. Its your express right under the law. And what use are rights if you don'exercise them? And to look at it another way, it buys you time------and do it by the book, CMRRR. The only thing I would add to willingtocopes list is make the collector prove they own the debt or have the express legal title to collect it for someone else.

Also, think of the debt collection process from the stand point of the collector.

They basically have a piece of paper with your name on it, some amount you are alleged to owe, and little else. Their best case senario is to get the full amount out of you after investing absolute minimum time.

About 99% of the time the collector will find a consumer absolutely ignorant of their legal rights---which is exactly what they want.----they will get that type of person on the phone and let that person fill in the missing gaps in the collectors knowledge of detail of the debt. PLus exploit consumer fears and play psychological mind games with the consumer.

You the consumer want to turn the tables on them---they know little or nothing about you-----keep it that way-----but you have a legal right to know everything about them. If they are a junk debt buyer its a safe bet they can't go back to the OC and get debt validation--and hence must fold their tent and slink away unpaid.-----and in any event when the collector gets that DV letter from a consumer they go oh piffle or some other colorful phraise---we are dealing with someone who know their rights.

Chance are they will make an attempt to sneak inadequate debt validation

past------it will take another letter to tell them why that is inadequate debt validation.------and then its decision time for the collector.

Already they have some minimum time invested----do they go back to the OC and invest extra money to get validation that might fly?----they certainly had better be marking the debt in dispute on your CRA--extra expense-----and they still know little about you.------and hopefully you included the its inconvient to reach me by phone clause in the DV letter.

Nor can the collector haul off an sue you easily at this point. You are just excersing your legal rights. Its time for the collector to answer with real debt validation.---and they have a clue you won't cave to default judgement by not showing in court.---and you have bought at least a months time plus time to research the collector.-----at that point the debt collector may be ameanable to a reduced settlement or just fold their tent

and go off looking for easier picking.

SO I have to regard a DV as a win win win for the consumer. With no consumer downsides.----and a plethora of upsides.

Even if the collector has debt validation and can win in court, the amount they can collect usually must be $1500. or greater or its just not worth their time and effort if the consumer shows----and with some consumers---they never know if there are assets they can seize anyway-----which is why the less the collector knows about you the better.

So if you get that collector call--------DV them always----thats a no brainer---and lots of good debt validation letters at this site you can modify to suit your needs.

Which is what I did----and the collector ran-----and I got to extract my revenge by going after them as the hunter became the hunted.---and they got to explain to my AG at considerable expense why they were so far off base.---plus forcing the collector to promise I would never be bothered by this matter again.

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