[ScottGem]

Wait for a response

[5683HUGGS]

An attorney stated in regards to validating a debt as follows "Anything that shows you had the debt may be used as verification. So, an affidavit or a credit card statement would work. Those may not be admissible in trial, but they are verification under the FDCPA".
What does that mean in court? Are the creditors required or no required to have my signature to win?

[mr.yet]

No contract, no claim. If must have your signature on it. How can they claim if yours without the contract? They cannot and they know it.

[5683HUGGS]

There is attorney that states "They could use testimony or other documents to prove the existence of the contract."

[ScottGem]

But they have to show you the proofs before trial so you can prepare to refute them. Generally the court will require a copy of the contract.

[mr.yet]

"I have no recall of this alleged debt, show me the contract to refresh my memory"

SO, they will have to produce a contract with a signature to show they have a claim.

[5683HUGGS]

What would be a validation letter to the original credit card company? I'm looking for a more simple letter than that of Request to Original Creditor to Verify a Debt
Any response would be appreciated

[mr.yet]

Send this the attorney who represents the Debt Collector:

DEBT COLLECTOR DISCLOSURE STATEMENT

This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above in Offer of Performance. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
1.Name of Debt Collector: ……………………………………………………………….……………………………………………...
2.Address of Debt Collector: ……………………………………………….…………………………….. …………………………….
3.Name of alleged Debtor: ………………………………………………………….. ………………………………………………….
4.Address of alleged Debtor: ……………….……………………………………... …………………………………………………...
5.Alleged Account Number: ……….. …………... ……………………………………………………………………………………...
6.Alleged debt owed: $………………………………….…………………………………………………….. ………………………...
7.Date alleged debt became payable: ……... …………………………….……….. …………….. ….. ……………………………….
8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
…………………………………………………………………………………………………………………………
9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
YES NO
10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
11.If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
Date: …………………………………………………… Amount: $…………………………………………….. ……………………
12. Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
13.If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
Date: …………………………………………………… Amount: $…………………………………………….. ……………………
14. Regarding this alleged account, Debt Collector is currently the:
Owner; (b) Assignee; (c) Other – explain: …………………………………………………….… .
…………………………………………………………………………………………………………………………
15. What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

16.If applicable, transfer of rights re this alleged account was executed by the following method:
(a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………... ……………
... ………………………………………………………………………………………... ……………………
17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….……….. …………
………………………………………………………………………………………... …………………………………………………………………………………………………………………………………… ……... ……………
19.If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
YES NO N/A
20. What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...
…………………………………………………………………………………………………………………………
21. If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
22.What is the nature and cause of any consent cited in #21 above? ………………………………………………………………

23.Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
24.Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………...
25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
26.Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
27.Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……... …………………………………….
…………………………………………………………………………………………………………………………
29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
30. What is the nature and cause of any products/services cited above in # 29? …….……………………………………………
…………………………………………………………………………………... ……………………………... ……
31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO
32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ……………………………….
…………………………………………………………………………………... ……………………………... ……
33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………... ……………………………... ……
35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………
37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

Debt Collector's failure, both intentional and otherwise, to complete/answer points “1” through “44” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief.

____________________________________ ____________________________________
Date Printed name of Signatory

____________________________________ ____________________________________
Official Title of Signatory Authorized Signature for Debt Collector

Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.


Recording Requested by, and
When Recorded Return to:

[5683HUGGS]

Please help. I am confused. I sent out a Validation Debt Letter to the attorney via certified mail on 7-24-07. I just received 1) Request for Admission and 2) Demand for Production interrogatories from the attorney. Doesn't the attorney need to respond for my debt validation letter? How do I respond to interrogatories when the answer to the complaint was a denial? Does it require to be on pleading paper? Any response would be helpful? Thank you

[mr.yet]

Please help. I am confused. I sent out a Validation Debt Letter to the attorney via certified mail on 7-24-07. I just received 1) Request for Admission and 2) Demand for Production interrogatories from the attorney. Doesn't the attorney need to respond for my debt validation letter? How do I respond to interrogatories when the answer to the complaint was a denial? Does it require to be on pleading paper? Any response would be helpful? Thank you

Response is " I cannot either admit or deny until validiciation of the alleged debt provide by the plaintiff. I have no recall of this matter."

[5683HUGGS]

Thank you Mr Yet.
Is that the response to the interrogatories? What form should I use?

[mr.yet]

Thank you Mr Yet.
Is that the response to the interrogatories? What form should I use?

Yes , how can you answer their interrogatories when they have fail to validicate the alleged debt, your answers would be incomplete

[5683HUGGS]

It's official the attorney has now failed to respond to my debt validation letter. An attorney from California stated "You should respond to all discovery. Even if you sent a validation letter, unless you follow the protocal set by the legislature or rules of court, you may run into problems". I have no choice but to respond to the interrogatories.

mr.yet I agree with you, the answers would be incomplete, but I will respond in the manner you suggested. The interrogatories require very personal information, driver's license number, year of expiration, last 4 years of employment, etc.,. It doesn't seem right. I send them a validation letter and they respond by sending me interrogatories.. so much for the plaintiff to prove his case. Any response would be appreciated. Thanks

[mr.yet]

File you own discovery against the plaintiff, use the most important questions from the Validication letter. File them now.

Ask for their request, you will have to decide when and how you will answer.

I personally would answer each questions like this" I have no recall of the alleged matter." I have no recall of the alleged matter since no validcation has been received by the plaintiff in their alleged claim."

But that is me, and I would make to file to a Motion to Comple against me, and I would do the same against them.

Sent them your own discovery request now.

[5683HUGGS]

I want to thank eveyone who has helped me. Thank you. I have my trial date set for this Friday, March 7. I want to be totally prepared and would appreciate any final advice. Here is a quick summary: I am being sued by a creditor. I sent out a debt validation letter via certified mail and received no response (a violation of the FDCPA). I've only received interrogatories with a statement that is showing late fees and overdraft fees that are within the statutue of limitation for California (4 years). It doesn't show a payment or any charges within the statutue of limitations. I will bring the debt validation letter and all interogatories that were sent and received. What do I need to say in court? Any and all comments or advice will be more than appreciated. Thank you

[ScottGem]

You start with pointing out to the judge that your request for verification was ignored and ask for a dismissal.

[5683HUGGS]

The judge ask "what is a debt validation letter"? Are you kidding me??

Ok, so I go to court armed with case law, my debt validation letter, interrogatories to and from the creditor. I thought I was ready, boy I was surprised . The creditor says no more than two words and the whole case was based on what I had to say to the judge (so much for the plaintiff having the burden of proof). When the judge asked what is a debt validation letter, my jaw hit the floor. My advice is to everyone who is being sued by a creditor. Do your research and bring everything to court. File everything you can, and be prepared for the judge may or may not know what you are talking about. Be prepared to teach the judge about FDCPA (Federal Debt Collection Practice Act), etc. What the creditors can, and can not do. The are a lot of creditors that would try to get money from you at any cost. Be armed and fight.
Thank you for all who has helped me... Thank you.
F.Y.I. The judge said she was going to give her decision by mail. Today, I got my answer. I DID WIN!!

[ScottGem]

Good advice to do your homework. Small claims judges may not be lawyers but administrators. I suspect, though, she was playing dumb to make sure you had done your homework.