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signature on Debt Validation letter


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When I was searching for sample DV letters on the internet, some of the people who provided sample letters emphasized that at the close of the DV letter you should only type or print your name, but that you should never provide your signature. Is this good advice? If so, why is this recommended? Thanks for your help.

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On my DV letters I just put something simple down like

Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

I don't sign my letters. I just type my name. It's never hurt me.

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I never sign. I have never had a problem either. I either get the information I need or they go away.

Ditto! Call me paranoid, but I think it's best not to provide a copy of your signature in these matters, especially when a signed copy of the original contract is needed for them to prevail in court. In my jurisdiction, without a signed copy of the original contract, a collector, whether an Original Creditor or a Junk Debt Buyer, will not be able to collect interest, late fees, over-the-limit fees, attorney fees, et cetera. The best they can do is win on an 'account stated' approach to the matter which radically reduces what they can collect. Why take the chance?

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Is this good advice? If so, why is this recommended?

The concern is that someone will use your signature and transfer it (forge it) to a document to be used against you.

I handle it this way.

I sign all my official documents, to use an example, "Debtor S. Husband"

But I sign my DV letters, "Debt Husband"

If they ever produce as "evidence" a document signed "Debt Husband", I will be able to prove a charge of forgery against them.

I agree with Cincinnaticus, it's probably somewhat paranoid, but why take the chance?

Regards,

DH

Edited by debtorshusband
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I know someone who used a sig. from an old doc. She photoshopped it to a doc that she needed her husband's sig on. He wasn't available to sign so she 'signed' it for him. This is only one reason I use a digital sig. on all letters to CA's and JDB's. My friend is a much better human being than any CA or JDB I've ever encountered, and if she would do this kind of thing, I can easily see a CA/JDB lifting my sig from a letter to put on a contract so they can 'prove' their claim. Pick a font on your computer and go with it!

Also, in the quote below where I've put in the '[]'... I leave that verbiage out of my DV's.

Quote:

Be advised that this is [not a refusal to pay, but] a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

Why? Because in most cases, I AM refusing to pay an alleged debt presented by a company I've never done any business with. The sentence without the 'not a refusal to pay' clause is still valid... it is a notice of dispute, sent pursuant with the FDCPA... If they can PROVE that I'm obligated to pay them the alleged debt, then we discuss how much I'm gonna pay.

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You don't send "classical" DV letter's to OC's. They are not bound by the FDCPA.

Only third party collectors are bound by the FDCPA.

When they send you a dunning letter, they are required to include the FDCPA verbiage that you may dispute, request verification, etc.

You respond to those letters with a DV letter.

Since they (the OC) are not bound by the FDCPA, they will not be sending you dunning letters with the FDCPA verbiage.

To the extent that the OC sends you demand letters, they should give you an address to which you can send any replies you deem suitable.

Regards,

DH

Edited by debtorshusband
attempt for greater clarity
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You don't send "classical" DV letter's to OC's. They are not bound by the FDCPA.

Only third party collectors are bound by the FDCPA.

When they send you a dunning letter, they are required to include the FDCPA verbiage that you may dispute, request verification, etc.

You respond to those letters with a DV letter.

Since they are not bound by the FDCPA, they will not be sending you dunning letters with the FDCPA verbiage.

To the extent that the OC sends you demand letters, they should give you an address to which you can send any replies you deem suitable.

Regards,

DH

"When they send you a dunning letter. . ." who is "they", the OC or CA? And what is a "dunning letter"?

Sorry!:?

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Sorry, too many "they's" up there. I've edited the post a bit trying to clear up the confusion. In the second paragraph, I'm referring to Collection Agencies. In the last two sentences, I'm talking about the Original Creditor.

A dunning letter is a letter demanding payment. It may be sent by an Original Creditor or a third party Collection Agency collection on behalf of the owner of a debt.

The first time a third party Collection Agency sends a dunning letter, it must have the verbiage required by the FDCPA, since they are bound by the FDCPA.

The Original Creditor is not bound by the FDCPA, so their dunning letters will not contain the FDCPA verbiage. While you may write to the Original Creditor and dispute the amount, or demand proof of the charges, or whatever, you're doing so outside the jurisdiction of the FDCPA.

Regards,

DH

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