How must a debt collector respond to a request to validate a debt?
A law firm contacted me via registered mail claiming I must pay them for money owed my condo home owners association. I wrote them and asked them to validate the debt and can show they received my letter. I never received a response. They continued to pursue collections and put a lien on my condo about a month after they received my request for debt validation. I contacted them about this and they said that they sent a valiation of debt via mail, but not registered mail etc. They can not then prove that I received validation of the debt. What can I do? Can I sue based on FDCPA violation? Now they want a lot more fees/money then they did in the first contact. Shouldn't they have stopped collection until they gave me proof I owed the debt and they were authorized to collect it? If the debt is valid I will pay it. But I don't think I should pay more because they failed to validate the debt properly.
- Anonymous1 decade agoFavorite Answer
They can't place a lien against your condo without first getting a judgement. Did you get a default judgement ruled against you?
Contact the lawyer and inform him you did not receive the validation. Instruct him to send it to you by certified mail to prove it was sent. Otherwise he will be considered in violation of the FDCA.
You need to give this warning because he will invoke rule 813(c) by claiming"....the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
I'm going to bet he'll just ignore it and proceed with a lawsuit anyway. He sounds like a jerk.
- 1 decade ago
They won't validate a debt. They pested me for some BS stuff and eventually put something on my credit report. If I were you, I would contact the someone in your local or state government for consumer protection, then sue them if practical.