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Collection Debt Dispute Letter
Filed Under: Collections
Filed Under: Collections
The debt validation is the beginning of eliminating the account. Some say “a debt is a debt is a debt” and pay up. However, if the “owner” who has purchased the alleged account in a portfolio is junk debt and worthless – PROVE IT. The law says to prove it. If major corporations cook the books in accounting, then what makes you think that collection agencies would not create fake documentation to look legitimate. It happens all the time. Collection agencies can and do operate as a business. That is not unusual. They also operate as fake attorneys offices. Unless you are aware of these facts, you are helpless. You must write the agency and ask for proof. Letters from debt collectors are not to be ignored.
Remember to always send certified mail AND return receipt. It is imperative to document all action for your records. If you do not send the VOD letter in writing within the 30 day period as the law requires, and you mail it past the 30 day time period, chances are the collection agency still cannot validate the debt. Therefore, send a VOD to have your own documentation for future reference if needed. This basically states “do not contact me until you can send valid documents”.
Contact our office for an analysis of your situation.
Dear Next Level Credit-
What a great Site! My wife is currently being summoned by portfolio recovery sesrvices for an alleged credit balance of $3700 the summoms requires response within 20 days of feb 24 2010 notice.
Note creditor is listed as CACH LLC. We’ve dealt with CACH whom in 2008 used the judgement by default against her. Even attending numerous court dates, we missed a critical summons. According to cort clerk here in Mass summons need not be physically handed to defendant or family member. Luckily we did get the summons in time to respond. We think this could possibly be and old $2k(SOL) Providian account my wife had major trouble with. What we need is to send Validation Of Debt letter request to CACH LLC. What should this type of letter include as her response?
What do you think? thanks john Panna
John,
Thanks for your comment. We are glad this information is helful to you. An Answer & Affirmative Defenses needs to be filed to the court. The SOL can be one of your affirmative defenses and in the answer. SOL is hard to prove in the court. The VOD letter will not be sufficient at this time because now this is a court case. However, this can be used in your answer. Did you receive any correspondence from PRA prior to the summons?
You can answer the complaint Pro Se or with an attorney. Contact us for more resources.
~Next Level Credit~