Collection attorney letter

[canagarian]

I have been lurking and learning for awhile now and I am glad I came to this forum. Got my first letter today (not certified) from the collection attorneys.

Their letter said Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a jugement and mail you a copy of such verification or jugement. If you request this office in writing within 30 days of receiving this notice, this office will provide you with the name and address of the original creditor, if different from the the current creditor.

Can I then assume they have verification ready and probably I am out of luck? Will a VOD be a proper response to this letter.

I think I may be confused by the terms, verification vs. validation.

All help is appreciated.

Originally Posted by canagarian

I have been lurking and learning for awhile now and I am glad I came to this forum. Got my first letter today (not certified) from the collection attorneys.

Their letter said Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a jugement and mail you a copy of such verification or jugement. If you request this office in writing within 30 days of receiving this notice, this office will provide you with the name and address of the original creditor, if different from the the current creditor.

Can I then assume they have verification ready and probably I am out of luck? Will a VOD be a proper response to this letter.

I think I may be confused by the terms, verification vs. validation.

All help is appreciated.

FIRST OFF, DON'T ASSUME ANYTHING. MOST LIKELY THEY WON'T HAVE ANYTHING TO SHOW VERIFICATION OF THE ALLEGED DEBT. JUST TAKE SOME TIME TO STUDY THE INFORMATION IN THIS FORUM AND SENT THEM A VOD LETTER PER THE EXAMPLES POSTED.

[jaylon]

Originally Posted by canagarian

I have been lurking and learning for awhile now and I am glad I came to this forum. Got my first letter today (not certified) from the collection attorneys.

Their letter said Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a jugement and mail you a copy of such verification or jugement. If you request this office in writing within 30 days of receiving this notice, this office will provide you with the name and address of the original creditor, if different from the the current creditor.

Can I then assume they have verification ready and probably I am out of luck? Will a VOD be a proper response to this letter.

I think I may be confused by the terms, verification vs. validation.

All help is appreciated.

If you really listen to what they are saying it will make sense to you. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.
So notify them that you dispute the validity of the entire debt! Tell them to provide a contract between you and them, ask them for the original promissory note with your signature they are trying to collect on, tell them to provide proof from the alleged original creditor that they are authorized to act on behalf of them.

This should help you get started. Quote the FDCPA as well, in the VOD there is a quote, just copy and paste that.
They will probably send you an invoice or tell you when the account was opened or something of that nature, which won't be validation. You play offense, make them try to steal the ball from you.

Just my thoughts. . . .

[canagarian]

I have edited this to suit my situation. Any constructive criticism would be appreciated. Thank you.

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on (insert date here) 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.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:


What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

[seeker]

First, tell them to prove that you are who they seek, and provide the validation of that 'fact'.

Next, somewhere in there, throw in that if they do not respond and validate all points as requested (within the time specified), it will be taken as their tacit agreement to stipulate the information can not be validated and any and all further attempts to harass you will be taken as such.

Seeker

[dadmoonbunny]

I have now received a summons from the local district court. Through a credit buy up company called WORLDWIDE ASSET PURCHASING, LLC as ASSIGNEE TO DIRECT MERCHANT BANK, N.A.

These folks are out of Nevada, have a notary stamp from Clayton County, Georgia, and is being processed through a law firm in Kansas by the name of ROBERT A. KUMIN, P.C.

I have about a week to respond. I've given myself until tuesday 9 aug to be at the courthouse with a counter affadavit.

This will be my first affadavit. I'm sure there will be more. I HATE feeling like a test case. Here, though is where I find out exactly what to do. I believe in the teamwork on this board, and am now past the "Theory" stage. My wife does not believe in anything to do with what is discussed here, and wants to plead mercy from the court due to extreme indebtedness.

I now request all help and assistance from all members. In return, I will post every step of the way so that all can see what is going on.

Sic Gorgiamus Alus Subjuctatos Nunc

[dadmoonbunny]

I have so far:

COUNTER AFFADAVIT
I swear that the following is true and correct to the best of my knowledge

I, the plaintiff listed above , am not aware of any written contract with the defendant or legal representatives of the same, nor have they provided any proof of such contract or true and correct copy of a promissory note signed by the plaintiff.

Line 8 of defendants affadavit states that the plaintiff has not objected to accuray of account and has refused to pay any part thereof. Plaintiff, when contacted by telephone by defendant, requested Verification Of Debt on each and every occasion and defendant has failed to provide same. (should this be VALIDATION?)

Defendants exhibit A does not exhibit any proof of contract with plaintiff, nor does it bear any seal or notary mark attesting to its correctness. Nor is there any exhibit showing authorization to act on behalf of the original creditor.

Defendants exhibit B is a reproduction with no line shown for signature by plaintiff, and is not a copy of any document bearing the signature of plaitiff.


How is that so far? Comments, suggestions welcome

Sic Gorgiamus Alus Subjuctatos Nunc

[seeker]

OR are you doing an Amended complaint to make you the plaintiff?

Also, I would use a negative averment as opposed to 'stating facts'

I swear that the following is true and correct to the best of my knowledge
I have not seen, not been presented with any proof, nor do I believe any exists that"

the defendant or legal representatives of the same, have an original two party contract, with original signatures, establishing a 'commercial relationship' between parties;

Line 8 of defendants affadavit states that the plaintiff has not objected to accuray of account and has refused to pay any part thereof. Plaintiff, when contacted by telephone by defendant, requested Verification Of Debt on each and every occasion and defendant has failed to provide same. (should this be VALIDATION?) Don't want to 'object' argue

The affidavit by (name of person executing), is true, correct and based on first-hand knowledge; (also look up the points of a "true and correct affidavit");

that the defendant has followed the FDCPA and provided a full, complete and accurate response to VoD request of (date) - a copy of which may be presented?

That the defendant is not subject to the FDCPA

there is any other True, correct and properly executed affidavit submitted for EVIDENCE besides the one the plaintiff is herein providing;

Hopefully this gives you an idea -- make them prove a negative -- they cannot do it -- and submit a PETITION for dismissal -- based on 'failure to state a claim upon which relief can be granted' PETITION, do not MOVE the court. They claim SMJ when you do and steam roll ahead. Make sure you have your 'special appearance' clear, etc -- this first step is the most important -- you could also go into court, claim special appearance and say that you have not been given adequate time to exhaust your administrative remedies, and believe that the opposing party has not done so before entering the court. Make sure they are licensed to do biz in your state. Make sure the Law firm is also -- In retrospect, I would have pushed much harder for the original contract, and used 'fraud and identity theft" plus the multiple claims (like whirlwind's thread) and needing the absolute assurance only the original, signed contract could provide as to WHO is the HOLDER, and by what RIGHT they are so, etc. Lots of stuff to use -- research, research, research.

JMHO

Seeker

[dadmoonbunny]

Originally Posted by seeker

OR are you doing an Amended complaint to make you the plaintiff?

Also, I would use a negative averment as opposed to 'stating facts'

I swear that the following is true and correct to the best of my knowledge
I have not seen, not been presented with any proof, nor do I believe any exists that"

the defendant or legal representatives of the same, have an original two party contract, with original signatures, establishing a 'commercial relationship' between parties;

Line 8 of defendants affadavit states that the plaintiff has not objected to accuray of account and has refused to pay any part thereof. Plaintiff, when contacted by telephone by defendant, requested Verification Of Debt on each and every occasion and defendant has failed to provide same. (should this be VALIDATION?) Don't want to 'object' argue

The affidavit by (name of person executing), is true, correct and based on first-hand knowledge; (also look up the points of a "true and correct affidavit");

that the defendant has followed the FDCPA and provided a full, complete and accurate response to VoD request of (date) - a copy of which may be presented?

That the defendant is not subject to the FDCPA

there is any other True, correct and properly executed affidavit submitted for EVIDENCE besides the one the plaintiff is herein providing;

Hopefully this gives you an idea -- make them prove a negative -- they cannot do it -- and submit a PETITION for dismissal -- based on 'failure to state a claim upon which relief can be granted' PETITION, do not MOVE the court. They claim SMJ when you do and steam roll ahead. Make sure you have your 'special appearance' clear, etc -- this first step is the most important -- you could also go into court, claim special appearance and say that you have not been given adequate time to exhaust your administrative remedies, and believe that the opposing party has not done so before entering the court. Make sure they are licensed to do biz in your state. Make sure the Law firm is also -- In retrospect, I would have pushed much harder for the original contract, and used 'fraud and identity theft" plus the multiple claims (like whirlwind's thread) and needing the absolute assurance only the original, signed contract could provide as to WHO is the HOLDER, and by what RIGHT they are so, etc. Lots of stuff to use -- research, research, research.

JMHO

Seeker

Seeker, you took my breath with this one.

Okay, This means that I am going to have to rewrite my entire file.

What I was doing was answering, or attempting to answer an affadavit/summons hand delivered by one of the local deputies.

I thought I had this one cold (EGO), which is why I trusted my instincts and posted for help and suggestions. Looks like another intense night at the keyboard.

I must admit that I have yet to file ANY paperwork to regain my sovereignty. This is my first fight in the "REAL" arena, and unlike all of you with experience, I am a bit scared.

Thanks, and be aware that I'll be posting more questions on this at a later time.

SCI GORGIAMUS ALUS SUBJUCTATOS NUNC

[dadmoonbunny]

say "claim special appearence", is that literal? and just to whom do I announce this or phrase it?

I understand the part about not having time to exhaust administrative remedies (just send out the VOD package).

I was under the impression that attornies did not get licensed. But I will check through the secrtary of state office, which should have that on file.