Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Sunday, August 31, 2008
Debt Validation
Re: Sent request for Debt Validation and this is what i got...

Most judges at both the federal and state levels would most likely rule that what they sent you was sufficient to comply with the requirements of FDCPA. However, in Fields v. Wilburlawfirm Judge Kenneth Minh of the 7th Circuit Court of Appeals disagreed. The case has become somewhat of a landmark decision in that at least 35 attorneys have referenced the case in their motions and briefs.

But what about the agreement you have with the credit card company? You should try to make them produce that or at least a readable copy certified by the maker to be a true and correct copy of the original. While on the surface of the matter that may not seem important and you may or may not be able to force them to produce such a copy even though you use Duces Tecum.

Getting a copy of the agreement can be vitally important to winning in court in many cases. There are always terms and conditions that may be useful to you so you should make every effort to make sure the court backs you up on your demands for production of that document.

Also, when you go to court make certain that you have previously arranged with the clerk of the court to have a court reporter present and taking notes unless the court provides that service for you through audio or video transcripts. Never go to court without a transcription being available.

Now let's move on to your canned validation letter.
Provide me with copies of any papers that show I agreed to pay what you say I owe;
While it may not hurt to ask for the above I find no place in FDCPA that says they have to provide that to you as a part of validation
Prove the Statute of Limitations has not expired on this account
Nowhere in FDCPA does it state that debt collectors are required to prove that the statute of limitations has not expired. Demanding it is rather silly because if the case goes to court and you plead a statute of limitations defense you will have to prove that it has indeed ran out on them. The only way to hopefully make them prove they filed timely is through use of your 5 discovery tools.
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
None of that is required under FDCPA either. Canned validation letters found on the internet make their users look stupid. One should never use them in a useless attempt to teach the other fellow how smart the debtor is. Never attempt to teach the other fellow how smart you are. The whole point is to learn how smart they are, not teach them how smart you are. The less you say the better off you are.

Many of the letters one finds on the internet also use the phrase "cease & desist" in one way or another. It is an attempt to create a partial cease & desist but use of that phrase in any way is patently stupid because nowhere in FDCPA is there any provision for a partial cease & desist. It is all or nothing and use of the phrase can easily be turned into disasterous results for the sender. FDCPA clearly provides for use of another phrase that accomplshes the desired results without those 3 possibly fatal to your case words. You should never accept anything that anyone says (including me) as being the truth, the whole truth and nothing but the truth without doing your homework and thoroughly checking it out for yourself. Blindly accepting things you see on the internet and blindly accepting the truth of the statements based on how logical they seem can and probably will be used against you in a court of law sooner or later. Use what people tell you on the internet as a starting point for your investigations and nothing more.

Don't even trust what lawyers and judges tell you as being true and correct. They are only human beings and are often wrong in what they say. If you doubt the veracity of that statement just ask a judge the wrong question and you will get the right answer to the wrong question every time.

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