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2 Comments
Did you send them a validation letter because the debt is not valid? Or did you send them a validation letter because you thought that its going to help you out of the situation?
No, they did not break the law. “Decisions will be made without you” does not indicate that they are bill collectors and they are calling for a debt. It is not legal for them to discuss or disclose your personal consumer account to a third party other than your spouse or to leave a message disclosing that they are bill collectors and you have bad debt. Other than that they can pretty much leave a message.
Pretty much…what you did was piss off the bill collector. NEVER send a validation letter unless your debt is honestly not valid. If it is valid…the agent knows about it because they have docs like credit applications, receipts, copies of your checks from previous payments, your signiture all over the place, etc.
So when you send a validation letter to a collection agent that knows your debt is valid you pretty much say…”hey, come out and play” and Lord knows we dont have time to do that. They automatically think your making a fool of them or pulling a “stall tactic”.
So you want your debt validated huh??? Ok. Let the judge validate it for you. What better validation than one that comes from the courts? Yet the agents attorney is giving you the opportunity to contact them to make arrangements and to give you information your requested. Thats pretty good, in most cases you would have been served by now.
What to do next? Call the attorney, ask them for copies of your docs or whatever you wanted, as you do have a right to review your invoices, etc. If you have a dispute or if something is incorrect..tell the attorney. If its all correct, than make arrangements to either be on a payment plan or settle the matter for a less amount.
What will happen if you do not contact them ? You will be served a summons and complaint. If you do not respond to the summons and complaint by filing an answer within 30-45 days…opposing counsel will be awarded judgment against you.
If you do wish to fight the complaint and file an answer…than you will be required to retain counsel which will cost you about 1500.00+ in retainment fees and 250.00 hourly fee, and no you can not represent yourself in municiple court.
Even if you have the attorney who fights for you, it is pretty useless if the debt is valid as you will lose your case and the money you paid to your attorney and now you will be required to pay the creditor back not only what you owed but interest, fees,etc.
What will happen if they get their judgment? Depending on what state your in…you can get your wages garnished, bank levys, liens, asset attachements, etc.
Judgments are good for 10 years. In some states can be renewed once so thats 20 years and in other states like CA…more.
NEVER send a validation letter for a debt that is valid..Besides attracting attention and pissing off the agent and making them file a lawsuit…it will do nothing for you.
Do not believe everything you read on this site either. Most of the people who respond to these questions are not professionals or experts. I read in a few places that people tell people to request validation. Thats not right.
Important to educate yourself on your rights. Google the FDCPA that stands for the Fair Debts Collection Practices Act. But remember this…those people who give you advise and tell you that you must fight for your rights…sure, they are right you must but you must also remember something else. Creditors and agents have rights as well. The law provides them with rights of recourse. Be smart before you make moves.
Good Luck
9 times out of 10, the “collection law firm” they say they sent or are going to send it to, is them. I had one call me saying the same thing, saying they needed the payment or payment arrangements by 5pm or it would be out of their hands, it was absolutely the very last day. well, two weeks later they called saying the same thing….then two weeks after that the same thing. Try googling the company or so called law firm and i bet you find hundreds of people who they tried doing that too.