Jump to content

DV answered with AFFIDAVIT OF INDEBTEDNESS


kehunter
 Share

Recommended Posts

I sent a DV request to the law firm that states they represent a collection agency after receiving their First Demand Letter and asking that I call to set up payment arrangements. After 30 days they replied with an affidavit of indebtedness exactly like the one on Bud Hibbs site along with a second demand letter. I was advised to request contact info for the person named on the affidavit in order to schedule a deposition, so she can testify as to the truthfulness of her statements. My understanding is this is in no way validation of the debit, as they sent nothing else to prove they own the debt or that I owe it. No statements or even a copy of the original contract. We are coming up on 4 years since the last pamyment which is SOL for Texas. What is my next step. Do I address the affidavit, do I send another DV letter, or send a letter stating that since they failed to validate the debt they must remove all listings from my credit report?

Thanks!

Link to comment
Share on other sites

Believe it or not they are listed as an employee of the previous CA that supposedly owned the debt prior to this one, however when I sent them a DV letter they never replied until I sent them notice that they had to remove all credit items on my report since they failed to validate and then they told me they were no longer in possession of the debt.

Link to comment
Share on other sites

An affidavit of indebtedness signed by an employee of a collector is not validation in the slightest. The FDCPA is specific that validation must come from the original creditor, forwarded through the collector to the consumer.

I would send a dispute to the attorney and tell them that what they sent is not only not validation, but it's fraud and perjury. Since the person who signed the affidavit has no original knowledge of the debt and never could have as they were a debt collector themselves they should know it's not legal. Not only that but they also are probably aware that using deception to attempt to collect is a violation of law on its face. I would add that if they haven't got something less laughable as evidence, that any action they take will be countered by a fraud suit and FDCPA violations that could cost them in the five figures and their license to practice law.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.