Legal Question in Credit and Debt Law in California

Debt Validation

About 2 months ago, a collection agency sent me a letter requesting I pay a debt. I replied by sending a letter to collection agency requesting debt validation. To my surprise, I got response from original creditor not collection agency. The orginal creditor only sent me copies of old statments. They did not properly validated because they did not send me payment history on account or copy of the original credit card application form that I signed. What should my next step be? Should I send them a letter asking for the payment history and signed application form? Should I write and tell them they are in violation of FDCPA and ask them to remove item from my credit report? Thanks.

Asked on 5/13/06, 1:53 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II
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Re: Debt Validation

Sending you copies of your old statements IS an appropriate validation of the debt and you haven't disclosed any reason to dispute the amount claimed. I see no reason for you to believe that they are violation of the FDCPA. The validation process involves going back to the original creditor and getting documentation. The collection agency did that and you received that information from the original creditor.

Your "next step" should be to pay the debt unless you have some undisclosed reason for not paying. If you have evidence of missing payments, provide it. If you have other LEGAL raesons for nonpayment, gagther the evidence and put it in writing. But based on the facts as you presented them, your action only inddicate that your letters are a stalling tactic.

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Answered on 5/13/06, 3:44 pm

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