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sent DV to CA and they responded with a signed affidavit from OC


dabradshaws
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I recently sent a letter to a collections attorney( Silverman Law Frim) for CITIBANK. They responded with a signed affidavit from a custodian of records from Citbank and one statement. This account is about 5 months behind and went to the CA. what do I do from here? Please help. did they properly validate this. should I send the 2nd DV letter from this site? thanks guys.

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Under the law, this does sound like a good validation so they have done what it required under the FDCPA. Your choices at this point are either paying the debt in full, setting up a payment plan, doing a settlement for less than the amount owed, or sending a C&D letter. They can now call you to request payment (within the bounds of the FDCPA of course).

Realize that if you go the C&D route, they will probably sue you and given the fact that this firm has a close relation with the OC, they will probably have enough proof to win the suit.

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Guest usctrojanalum

They satisified DV and can now continue collection activity. You can do whatever you want. I'd personally just wait for a summons then work something out with them then.

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What if they sue? I have no chance to require them to provide proper documentation in court? Will a judge require them to show actual signatures on a document? Will they have to show whether or not this was actually written off or purchased from CITI? And then would that mean that they have top prove the right to collect? I thought that was the actual basis for most of the processes on this site and for having lawsuits struck down either before an actual court date or after a judgement? I don't mean to beat a dead horse, but I just want to feel like I have my head around this process. THANKS SOOO MUCH for your input and patience.

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Court is a different beast then a simple DV letter. In court, they would have to follow the rules of evidence such as allowing you to depose the custodian of records from the OC and things like that.

DV means they simply have to say that they have done the research and the debt is indeed yours according to the records they have. It is a lower threshold and they CA has reached it.

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Guest usctrojanalum
whether or not this was actually written off or purchased from CITI? And then would that mean that they have top prove the right to collect?

Based on the OP I thought Citibank was the one coming after you? Is this not the case?

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Its actually Silverman Law Firm that I am dealing with, whom I'm almost positive is the new actual owner of the debt. Even though they sent proper validation ( which seems to be the consensus here). I guess my only hope is to wait to see if they sue me. Should I send the second Dv letter anyway. that way I have something for the court.... if I go to court. I guess, I am hoping the onus will be on them at that time to have the right documents in court. Am I right, in my understanding, that a signed affidavit is not enough to win a judgement against me? ( and I understand the custodian of records will never show in court personally, right?) Thanks

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A simple "Yep, you owe it" from the OC is not sufficient to prove a dbt at trial. they did the absolute minimum for VOD. depending on the Court Rules where you get sued, you may be able to go through Discovery to get the rest of the documentation they have and then you can determine if they have met the Burden of proof for trial.

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OK. That makes me feel a little better at least. I really appreciate all of the terrific input from my friends on here. Should I send the 2nd DV letter out in response to this anyway? As if they haven't properly validated or just wait and see what happens. I could send a letter to this attorney requesting the chain of ownership, sale /transfer, write off information AND send the 2nd DV letter? Would that be advisable? Thanks to all for any input on this.

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A 2nd DV would do not good because the have satisfied the requirements under the FDCPA. The only thing you can really do now is either settle the debt, ignore contact, or send a C&D letter. If you do the last 2, you are waiting to see if they sue you where you can then request more complete information through discovery.

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Yes, keep disputing the debt. That may slow them down, and will prevent them from successfully pleading an account stated claim. Do they have to provide a full accounting from a zero balance in your state? If so, then that's what you demand.

When a local law firm has an account, that's bad news, and you will eventually be sued.

I don't think disputing with them more will accelerate that; instead, it may slow them down.

In my Chitibank case, I wish I had been more aggressive with the law firm at the DV stage.

And, as to whether the OC still has the account, check your credit report. If it has been sold off, the Citibank trade line should show a zero balance and say "sold to another lender."

Edited by nobk4me
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Was the paper from the OC notorized, if not, how do you know for sure who actually signed this paper.

I would attack the validity of the paper if it goes to court make them prove who actually signed it.

And make sure the notary does not work for or is associated with the CA.

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Its actually Silverman Law Firm that I am dealing with, whom I'm almost positive is the new actual owner of the debt.

In a previous post, you stated the debt is about 5 months behind. If that's the case, the debt probably has not been charged off yet. OC's will not sell a debt before it's charged off. In many cases, even after a charge-off, they will still spend some time trying to collect it before selling it.

You can check your credit report to make sure Citi still owns it. More than likely, you're dealing with a law firm who is acting on behalf of Citi.

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