Are old billing statements considered enough to verify debt?

Question

I have received a letter from a law firm stating that they represent a creditor from whom I had a line of credit and I unfortunately stopped paying. This law firm has already contacted my job asking for verification of employment. I requested debt verification and they then sent me copies of old billing statements. Is this enough for them to pursue legal action?

Answer 1

I have heard of collection agencies and their lawyers filing suits after providing less validation than what you were sent.

While the statements may prove that it is your account, that's probably all that they prove.
They probably do not prove the amount the collection agency is trying to collect, that the collection agency has the right to collect the debt, etc., etc.

You should send a second "validation" (not verification) letter and request more information.

In the mean time, you should check the collecting SOL in your state. If you are past the collecting SOL, it would be a violation for them to file a suit.

Also, pull your credit reports and look them over for "any and all" violations that are being reported by the collection agency.

You might click on my profile and do some reading in the links I have provided - to the FDCPA, FCRA, etc.
There is a link where you can check the collecting SOL for your state - you will also find if collection agencies are required to be licensed and/or bonded in your state.

If they are required to be licensed and/or bonded, check to make sure that they are.

And you might click on the last link and do some reading. If you have any further questions, feel free to ask them in the credit forum. You will also find some debt validation letter templates on there.

Answer 2

I'm working with someone right now with a similar problem.

It started with letters from one collection agency asking for $xxx amount of money. I instructed her to send a validation letter (I have one that scares the crap out of the average collector). A few weeks later she got another letter....but from a completely different collection agency. Now they are asking for $yyy....and it was a lower amount then the first agency! What luck!!!!

Off we go with another letter. In it, we point out that bouncing the debt to other collection agencies does not relieve them of their validation responsibilities. We included a copy of the first collection letter, and now demand that they account for every single penny that they are demanding, since it was obvious that they were now plucking numbers out of the air.

If/when this gets to court, the judge will find it interesting that nobody knows what is actually owed.

In this case, you are not in the best shape. Collection agencies are now responding by sending out the last 3-4 bills, along with a copy of your signed credit card agreement. The rest can be figured out (interest/latefees/collection fees).

Remember, the intent of debt validation is simply one step in the collection process. If the collector follows the rules, and does what the law demands, you will not able to dodge the debt.

The intent of the law was to give a very clear procedure on how a collector collects a debt. And it point out that harassment is not part of that procedure. Therefore, they have now called your bluff and have validated the debt. The ball is now in your court.

If there is a bright side....many law firms are actually nothing more then collection agencies. By implying that you are dealing with a collection attorney the intent is to scare you into paying.

Answer 3

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Answer 4

first of all no one should have contacted your job unless it went to court alrighty its the law. they will take legal action the most they can do is granagish ur wages and its 20% of ur gross pay or have a judgment against you. check with ur state laws for more info or contact me and i'll help you out the best i can